Poli Alert Political & Civics
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Jimmy Williams
Hunter Biden, son of President Joe Biden, is seeking the dismissal of gun charges against him, citing a deal negotiated with the Justice Department this summer. Hunter Biden’s legal team argues that the deal, which allegedly shields him from criminal charges, was finalized, despite the Justice Department’s claim that it wasn’t. The charges relate to Hunter Biden’s illegal ownership of a gun as a drug user and providing false information on a federal gun purchase form.
In June, federal prosecutors led by Delaware U.S. Attorney David Weiss reached a two-part deal with Hunter Biden. The deal involved Hunter Biden pleading guilty to two tax misdemeanors and entering a pretrial agreement meant to lead to the withdrawal of the gun charge. Although the deal was signed by both parties, it appeared to collapse after a contentious July hearing. Attorney General Merrick Garland then made Weiss a special counsel in August, broadening his prosecution authority. In September, Weiss brought the gun charges and obtained a new tax indictment against Hunter Biden.
Hunter Biden’s lawyers argue that the pretrial agreement, signed in July, remains binding. Chris Clark, Hunter Biden’s former lawyer who negotiated the deal, submitted a statement supporting his former client. The statement clarified that the unorthodox two-part structure was the Justice Department’s idea and was designed to protect Hunter Biden from charges by a possible future Trump-led DOJ.
Hunter Biden’s legal team also launched constitutional attacks, asserting that the federal ban on drug users possessing firearms violates the Second Amendment. They cited a decision from the 5th Circuit Court of Appeals that struck down the federal law, although this decision is not binding in Delaware.
The gun charges are part of a broader legal battle for Hunter Biden, who has been open about his struggles with drug and alcohol addiction. The outcome of this case may have implications not only on the gun charges but also on the recently filed tax charges against him in California. Hunter Biden’s legal team contends that the pretrial agreement should bar the tax charges as well.
The legal proceedings involve intricate arguments about the status of the pretrial agreement and constitutional challenges against the nature of the prosecution. The case further adds to the complex legal landscape surrounding Hunter Biden and his dealings with the Justice Department.
