Federal gun charges against Hunter Biden should be thrown out because the special counsel appointed by the Biden administration to bring those charges is doing the will of former President Donald Trump and his allies, according to a court filing from Hunter Biden’s attorneys.
Hunter Biden has pleaded not guilty to a charge of lying about his drug use in October 2018 when he completed a federal form to buy a gun, according to The Associated Press.
The charge had been set to be resolved last summer as part of a plea deal that included the tax charges against Hunter Biden, but the plea deal collapsed.
U.S. Attorney David Weiss, who had led the investigation that resulted in the plea deal, was then appointed a special counsel to investigate the case and filed new indictments against Hunter Biden in December.
“The filings made by the prosecutors provide more evidence that these charges result from a politically motivated attack instigated by former President Trump and his MAGA allies,” Abbe Lowell, who is Hunter Biden’s attorney, said in a statement Tuesday, according to The Messenger.
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“This pressure caused the prosecutors to violate their own non-prosecution agreement, the DOJ’s own regulations for how they should have been appointed, and the Constitution to pursue them,” Lowell said.
In one of several filings Tuesday, Hunter Biden’s attorneys said he “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.”
“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,” the attorneys wrote.
The filing said a deal to scuttle the charge that was rejected by a federal judge should be restored.
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“No matter how fervently the prosecution’s decision to enter into the Diversion Agreement is criticized by extremist Republican politicians and the right-wing press, the prosecution remains bound by the agreement it struck,” the filing said, according to the New York Post.
“The Court must not allow the prosecution to renege on its agreement,” the filing asserted.
The filing said the prosecution of Hunter Biden was “selective and vindictive.”
“[W]e know exactly how Mr. Weiss would have resolved this case absent outside pressure to treat Mr. Biden more harshly because Mr. Weiss did try to resolve,” the charges through the plea deal, the filing said.
“That is, until Mr. Weiss was under pressure and heavy criticism from Republican extremists arose. In response to that outcry from former President Trump, extremist House Republicans and right-wing media looking to make Mr. Biden’s fate a political issue in the next presidential election, the prosecution blew up that deal and now has brought felony charges against Mr. Biden both here in Delaware and in California and is seeking a heavy prison sentence for charges the prosecution was willing to resolve for probation just months ago,” the filing said
Last year, in response to another motion, a document filed by Weiss’s office noted that Hunter Biden’s claims that he was charged because Trump was out to get him ignore the timing of the charges that were filed.
“[N]ot only does defendant’s motion fail to identify any actual evidence of bias, vindictiveness, or discriminatory intent on the Special Counsel’s part, his arguments ignore an inconvenient truth: No charges were brought against defendant during the prior administration when the subpoena recipients actually held office in the Executive Branch,” the filing said.
“Defendant has not shown, nor can he, how external statements by political opponents of President Biden improperly pressured him, his Attorney General, or the Special Counsel to pursue charges against the President’s son.”
