Hunter Biden files to dismiss indictment on gun charges in Delaware, citing collapsed plea deal

Attorneys for Hunter Biden filed a motion Monday afternoon in federal court in Delaware to dismiss the indictment against him over gun charges, saying it “violates” the collapsed plea agreement, and maintain it is “still in effect” between the president’s son and federal prosecutors. 

Special Counsel David Weiss charged Hunter Biden with making a false statement in the purchase of a firearm; making a false statement related to information required to be kept by a federal firearms licensed dealer; and one count of possession of a firearm by a person who is an unlawful user of or addicted to a controlled substance. 

The president’s son pleaded not guilty to all counts in October. At the time, his attorney Abbe Lowell hinted that the defense planned to file a motion to dismiss due to the diversion agreement on the gun charges, which he said he believed was still in effect.

The diversion agreement was included as part of the original plea deal that collapsed in July. Biden was set to plead guilty to two misdemeanor tax counts of willful failure to pay federal income tax, which would allow him to avoid jail time on a felony gun charge. That deal fell apart during his last court appearance. The president’s son, in July, was then forced to plead not guilty to two misdemeanor tax charges and one felony gun charge when the deal collapsed in court.

“The Indictment against Mr. Biden must be dismissed because it violates a Diversion Agreement that is in effect between Mr. Biden and the prosecution,” Lowell argued in the filing. “In exchange for Mr. Biden giving up various rights—including his Fifth Amendment right to remain silent by agreeing to the Statement of Facts drafted by the prosecution and numerous restrictions on his liberty—the prosecution agreed to provide him immunity for any offense concerning his purchase of a firearm (among other offenses).” 

Citing the initial agreement, which Republicans have billed as a “sweetheart plea deal,” Lowell said prosecutors, in July, said they could not bring firearms charges “based on the firearm identified in the factual statement to the Diversion Agreement.” 

“Nevertheless, the prosecution did just that, by subsequently bringing this Indictment charging Mr. Biden with three felony firearm offenses, which all relate to the firearm identified in the Diversion Agreement’s factual statement,” Lowell continued Monday. “Because Mr. Biden gave up valuable rights as part of this contract, in exchange for the prosecution’s promise not to prosecute him, such promise must be fulfilled.”

The move by Biden’s defense on Monday is separate from the charges the president’s son faces in California, also stemming from Weiss’ investigation. 

This is a developing story. Please check back for updates. 

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