Hunter Biden’s attorneys have filed a motion to dismiss the indictment against him over gun charges, arguing that it violates a collapsed plea agreement.
The original deal included immunity for firearm offenses, which was part of a diversion agreement that fell through.
They maintain that this agreement should still be in effect. (Trending: Hunter Biden’s Own Memoir Is Coming Back To Haunt Him In Criminal Trial)
Disgraced Presidential Son Hunter Biden Indicted on 9 New Criminal Charges pic.twitter.com/S1QyxxsDLZ
— AnalyzingAmerica (@AnalyzAmerica) December 8, 2023
The charges stem from a gun-related incident in 2018, where a gun owned by Hunter was thrown into a trash can.
“The Indictment against Mr. Biden must be dismissed because it violates a Diversion Agreement that is in effect between Mr. Biden and the prosecution,” attorney Abbe Lowell said.
“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).”
“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 said.
“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.”
“Mr. Biden, one party, struck a deal with the prosecution, the other party, through the Diversion Agreement,” the filing says.
“As part of that Agreement, he sacrificed valuable rights in exchange for the prosecution’s agreement not to prosecute the very sort of Indictment that it has brought here.”
“The Court should require the prosecution to honor its agreement and dismiss the Indictment,” Lowell stated.
Additionally, separate charges in California allege a “four-year scheme” of tax evasion.
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