Hunter Biden's legal team is stepping up efforts to pursue federal gun charges against him following pressure from House Republicans and former President Donald Trump.
Filed by Biden's lawyers response motion Tuesday upheld his argument that the case should be dismissed because the Biden administration's Department of Justice (DOJ) is selectively prosecuting him for federal gun crimes that occurred in Delaware. (Related: FBI agents find cocaine in gun pouch used by Hunter Biden, prosecutors say)
Read the motion:
“That was until Mr. Weiss came under pressure and fierce criticism from extremist Republicans, including former President Trump and extremist House Republicans who are trying to make Mr. Biden's fate a political issue in the upcoming presidential election. , in response to outcry from right-wing media, prosecutors reneged on that agreement and now charged Mr. Biden with a felony.Here in both Delaware and California, prosecutors settled with suspended sentences just a few months ago. We are seeking a significant prison term on these charges,” Biden's lawyers wrote in a court filing.
His motion cites a plea deal between Biden's legal team and Weiss's office on two tax charges and a diversion agreement on a felony firearms charge. The guilty plea and diversion agreement collapsed in July after a judge questioned the prosecution immunity clause in the diversion agreement.
Although he ultimately pleaded not guilty to two misdemeanor tax charges, the diversion agreement remains a point of contention between the two countries. (Related: Justice Department prosecutor slams Hunter Biden for trying to subpoena Donald Trump)
House Republicans are investigating Hunter Biden's overseas dealings and the Justice Department's investigation into him in the lead-up to President Joe Biden's impeachment inquiry. Hunter Biden is scheduled to testify in the impeachment inquiry on February 28th. (Related: Biden colleague reveals why Joe Biden supposedly met with Hunter's Chinese business partner)
in his initials motion to dismiss Mr. Biden's team made similar claims about Republican pressure that allegedly motivated the decision to prosecute Mr. Weiss in Delaware and California, based on selective prosecution. Delaware tax violations and a single felony gun charge were later dismissed.
Hunter Biden was sentenced to 25 years in prison for three felony firearms charges in Delaware and 17 years in prison for three felonies and six misdemeanor tax charges in California. He has pleaded not guilty to both charges.
Weiss, the U.S. attorney for Delaware, became special prosecutor in the Hunter Biden case in August after a guilty plea deal fell apart and two IRS whistleblowers accused the Justice Department of giving Hunter Biden preferential treatment. He took office.
President Joe Biden appointed Attorney General Merrick Garland in 2021, and Garland also appointed Weiss, who is also the U.S. attorney for Delaware, as special counsel for the Hunter Biden investigation. Garland testified before the House Judiciary Committee in September and supported Weiss's handling of the Biden case.
Hunter Biden's lawyers argued that the diversion agreement was legally binding. motion to dismiss and response motion It was filed Thursday. He also wants the firearms charge to be dropped. Second Amendment basis and legal discussion Mr. Weiss is illegally serving as special prosecutor.