Hunter Biden Attempts to Have Federal Gun Charges Dismissed for a Second Time

Attorneys for Hunter Biden filed motions Tuesday in U.S. District Court in Delaware claiming federal gun charges levied against President Joe Biden’s son should be dismissed on various grounds, including that they are politically motivated.

“Mr. Biden is being targeted because he is the son of a sitting Democratic President and a political rival of former President Trump, who seeks to defeat President Biden in the upcoming presidential election,” Hunter Biden’s attorneys wrote, according to The Messenger.

The attorneys also wrote their client “was unconstitutionally charged for partisan political reasons because his father is a sitting President seeking reelection and the prosecution succumbed to the Republicans trying to defeat that President.”

The attorneys also argued a diversion program in a plea deal reached with the Department of Justice (DOJ) last summer should remain in effect, even though the deal – which would have allowed Hunter Biden to avoid jail time on tax and gun charges – was withdrawn after questions were raised by Delaware U.S. District Judge Maryellen Noreika.

DOJ special counsel David Weiss, who has been investigating Hunter Biden since 2018 when he was the U.S. attorney for Delaware, reportedly argued the diversion agreement died the day the plea deal died. Abbe Lowell, Hunter Biden’s defense attorney, has reportedly argued the agreement between the DOJ and his client should remain in effect because both parties agreed to it.

After the plea deal fell apart, Hunter Biden was indicted on three federal firearms charges related to his purchase of a Colt Cobra .38 Special in October 2018 while he was a drug user. Prosecutors said he unlawfully possessed the revolver for 11 days. Hunter Biden pleaded not guilty to the charges in October.

In December, he was indicted on nine felony and misdemeanor tax charges in California, to which he pleaded not guilty.

The Messenger reported a spokesperson for Weiss declined to comment.