Lawyers on behalf of President Joe Biden‘s troubled son, Hunter, have filed several motions in a federal court to dismiss the charges brought against him in Delaware earlier this year.
Hunter’s legal team argued the charges, brought against him in September over a 2018 firearm purchase while he was still taking drugs, are “unprecedented, unconstitutional” and contravene the “sweeping immunity” of the diversion agreement signed by the United States Department of Justice in July this year.
They also said the diversion agreement, which stopped him from purchasing or possessing a firearm and demanded he refrain from substance or alcohol use, remains binding and legally valid.
Another motion states the law used against Hunter is likely “unconstitutional” because prosecutors could not prove he was taking drugs when he bought a firearm. They cited the case of United States v. Daniels, which argues a sober individual can buy a gun in spite of previous drug abuse.
Hunter’s counsel went on to suggest Special Counsel David Weiss, appointed by former President Donald Trump in Delaware, was unlawfully appointed. “Not only did the Attorney General disregard the regulation requiring appointment of a Special Counsel from outside of the government; the Attorney General did not even select a Special Counsel from outside his own agency,” they claimed.
They added the charges represent “selective and vindictive prosecution” against Hunter Biden, with the Special Counsel succumbing to “political pressure to bring more severe charges.”
The charges are separate from the nine indictments on unpaid federal taxes brought against him last week.