Lawyers for Hunter Biden Argue that Felony Gun Charge Resolution was Legally Binding

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Hunter Biden's legal team claims that a pretrial diversion agreement on a felony firearm offense is still valid, despite the collapse of a p...

Jody Golden

Jody Golden

14 August 2023 8:44 am

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Lawyers for Hunter Biden Argue that Felony Gun Charge Resolution was Legally Binding

Hunter Biden's Legal Team Claims Validity of Pretrial Diversion Agreement

Hunter Biden's legal team asserts that a pretrial diversion agreement regarding a felony firearm offense remains valid, despite the collapse of a plea agreement for two misdemeanor tax evasion charges. The defense attorneys argue that although the federal government allegedly reneged on the plea agreement, the firearm offense case can still be dropped if Biden fulfills specific conditions.

Diversion Agreement Rejected, Potential Prison Time Looms

President Joe Biden's son, Hunter Biden, has expressed his intention to comply with the terms of a Diversion Agreement established during a hearing on July 26. This agreement involved Hunter Biden, his lawyers, and the United States. However, U.S. District Judge Maryellen Noreika rejected the deal, leaving Hunter Biden potentially facing prison time.

Concerns Over Immunity Provision

A federal judge has raised concerns about a provision in the deal that could have granted President Biden immunity from future prosecution. Both parties have been asked to revise the agreement. In response, Attorney General Merrick Garland has appointed a special counsel, granting the prosecutor broader authority to bring charges in districts beyond their own.

Impasse in Tax Case

A motion filed by Weiss states that the two sides in the tax case are at an impasse. Weiss has requested the court to vacate a briefing order as there is no longer a plea agreement or diversion agreement. Additionally, Weiss plans to take the tax case to trial.

Plea of Not Guilty and Valid Diversion Agreement

In a recent development, Hunter Biden has pleaded not guilty to tax charges. His attorney has stated that a trial is not inevitable. Furthermore, Hunter Biden is facing a felony gun charge for allegedly possessing a firearm while being an unlawful drug user in 2018. His lawyers argue that they have a valid and binding diversion agreement.

Understanding of Immunity Based on Written Terms

Lawyers representing President Joe Biden claim that his understanding of the immunity agreed upon by the United States is based on the written terms of the Diversion Agreement. They also assert that prosecutors' written and oral communications during the plea negotiations support Biden's understanding of the scope of immunity.

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