Hunter Biden pushed back against gun charges filed against him, challenging the case on multiple fronts as unconstitutional and politically motivated days after he was hit with new tax charges. His defense attorney argued the gun case should be tossed out because an appeals court has found the law violates the Second Amendment under new standards set by the Supreme Court. Abbe Lowell also contended the charges against Hunter Biden violated immunity provisions that prosecutors agreed to in a plea deal they abandoned after Republicans slammed it as a “sweetheart deal.”
Quick Read
- Hunter Biden Challenges Gun Charges: Hunter Biden is contesting the gun charges against him, arguing they are unconstitutional and politically motivated. This challenge follows recent tax charges filed against him in two states.
- Arguments Against the Charges: His defense attorney, Abbe Lowell, claims that an appeals court found the law underpinning the gun charges violates the Second Amendment. Lowell also argues that the charges breach immunity provisions from a previous plea deal.
- Plea Deal Controversy: The original plea deal, which was later abandoned amid criticism, offered Hunter Biden immunity from further charges related to the same conduct. He was to plead guilty to misdemeanor tax charges to avoid prosecution on a gun count.
- Prosecution’s Stance: Prosecutors maintain that the immunity provisions are void since the plea deal fell apart. They have until January 16 to respond to Hunter Biden’s other claims.
- New Charges Filed: Besides the gun charges, Hunter Biden faces nine tax counts in California, alleging he evaded paying $1.4 million in taxes between 2016 and 2019.
- Republican Criticism: Republicans have criticized the original plea deal as too lenient, pointing to the new, more severe charges as evidence.
- Uncommon Firearm Charges: The type of firearm charges Hunter Biden faces are rarely filed as standalone counts in non-violent offenses.
- Legal Precedents and Gun Laws: Recent court rulings, including one from the 5th Circuit, have found that past drug use should not automatically lead to a loss of gun rights. This follows new standards set by the Supreme Court in 2022, which have significantly impacted U.S. gun laws.
- Regional Impact of Rulings: While the 5th Circuit’s decision doesn’t directly impact Hunter Biden’s case, it reflects a broader shift in the legal landscape regarding gun possession and non-violent crimes.
The Associated Press has the story:
Hunter Biden pushes for dismissal of Gun case, says law violates 2nd Amendment
Newslooks- WASHINGTON (AP)
Hunter Biden pushed back against gun charges filed against him, challenging the case on multiple fronts as unconstitutional and politically motivated days after he was hit with new tax charges.
His defense attorney argued the gun case should be tossed out because an appeals court has found the law violates the Second Amendment under new standards set by the Supreme Court. Abbe Lowell also contended the charges against Hunter Biden violated immunity provisions that prosecutors agreed to in a plea deal they abandoned after Republicans slammed it as a “sweetheart deal.”
“These charges are unprecedented, unconstitutional and violate the agreement the U.S. Attorney made with Mr. Biden,” Lowell said in a statement. “This is not how an independent investigation is supposed to work, and these charges should be dismissed.”
The flurry of court documents comes as Hunter Biden faces charges in two states headed toward trial while his father, President Joe Biden, runs for reelection.
Prosecutors, for their part, have previously said that any immunity provisions are now defunct along with the rest of the plea agreement that imploded over the summer. Special counsel David Weiss didn’t immediately respond to Hunter Biden’s other arguments, which also include a contention that Weiss wasn’t properly appointed. The prosecution has until Jan. 16 to respond.
The original plea deal negotiated between the prosecution and the defense contained immunity provisions meant to bring “closure and finality” to the investigation and protect Hunter Biden from being charged for “the same conduct” if Donald Trump was reelected, his previous lawyer said in court documents.
Under the agreement, Hunter Biden would have pleaded guilty to misdemeanor tax charges and avoided a full prosecution on a gun count if he stayed out of trouble for two years. He’s accused of having a gun for 11 days in 2018, a period where he has acknowledged using drugs. It’s illegal for “habitual drug users” to own guns.
Since its dissolution of that deal, though, prosecutors have filed three felony gun counts in Delaware and, last week, nine tax counts in California alleging he schemed to avoid paying $1.4 million in taxes between 2016 and 2019.
Republicans have said the new charges show the original deal was too lenient. Lowell, though, argued Weiss “buckled under political pressure to bring more severe charges.”
Firearm charges like those Hunter Biden is facing are seldom filed as standalone counts in non-violent offenses. An appeals court, meanwhile, has struck down the law itself, finding people shouldn’t lose their right to bear arms due solely to past drug use.
That decision from the Louisiana-based 5th Circuit came after the Supreme Court set new standards for gun laws in 2022, leading to upheaval in the nation’s gun-law landscape. President Biden called the Supreme Court opinion “deeply disappointing.”
The 5th Circuit ruling doesn’t directly affect Hunter Biden’s case since it was made in another part of the country, but the federal appeals court overseeing Delaware has made another ruling that people convicted of nonviolent crimes shouldn’t be barred from gun possession for life.
