Hunter Biden has requested the dismissal of gun-related charges against him in Delaware, asserting that they violate a diversion agreement he had reached with federal prosecutors.
In a court filing on Monday, attorneys representing President Biden’s son argued that the agreement Hunter Biden entered into was intended to grant him immunity from offenses related to the acquisition of firearms. This immunity was granted in exchange for Hunter Biden relinquishing various rights, including his Fifth Amendment right to remain silent.
According to Hunter Biden’s legal team, the prosecution explicitly stated in court, “based on the terms of the agreement… we cannot bring firearms charges based on the firearm identified in the factual statement to the Diversion Agreement.” Despite this, the prosecution proceeded to indict Mr. Biden on three felony firearm offenses, all connected to the firearm identified in the Diversion Agreement’s factual statement.
The lawyers emphasized, “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.’”
Hunter Biden was indicted by federal prosecutors in September on three gun-related charges: two counts for failing to disclose drug use when attempting to purchase a weapon and another for unlawful possession of a firearm while addicted to a controlled substance. He pleaded not guilty to all charges after a plea agreement with the government collapsed earlier in the summer when the overseeing judge questioned the terms of the deal.