Hunter Biden tries to get gun charges dismissed, claiming diversion agreement is still in effect

 December 12, 2023

Hunter Biden's attorneys filed on Monday to get the gun charges against him dropped, claiming that a diversion agreement that was part of a collapsed plea deal between special attorney David Weiss and Biden is still in effect.

Biden is charged with making a false statement in the purchase of a firearm; making a false statement related to information required to be kept by a federal firearms licensed dealer; and one count of possession of a firearm by a person who is an unlawful user of or addicted to a controlled substance.

Biden's legal team argued that he offered testimony and information in exchange for the charges to be included in the diversion agreement, and presumably that information is now being used against him.

If that is the case, they argue, he should still have the benefit of the diversion agreement, which is separate from the collapsed plea deal.

Immunity from any gun offense

"The Indictment against Mr. Biden must be dismissed because it violates a Diversion Agreement that is in effect between Mr. Biden and the prosecution," Lowell argued in the filing. "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 continued Monday. "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 continues. "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."

Most diversion agreements involve a period of probation, when the defendant is required to complete certain requirements in exchange for the charges being dropped from his record after the probationary period ends.

Biden's requirements

In Biden's case, he is required to seek employment and communicate all international travel plans. He is also prohibited from possessing a firearm and using alcohol and drugs, and he is required to get drug tested randomly and participate in a substance abuse counseling program.

Both the original charges and the new ones stem from Biden's purchase of a firearm in 2018. He allegedly lied on the paperwork, saying that he hadn't used drugs and alcohol.

Police were called after Biden's then-girlfriend Hallie Biden, the wife of his late brother Beau, threw the gun into a dumpster because she was afraid of his behavior with it. Documents and videos from Biden's laptop show that he did use illegal drugs during that time.

Biden attorneys have a point

It does seem like Biden's attorneys have a point in claiming that he deserves some consideration after what transpired with the diversion agreement.

The courts can't offer an agreement in exchange for his admission about what happened, then take the agreement away and use that admission against him.

It's unclear whether the diversion agreement is actually still in effect, but if it isn't, the prosecution should have to start all over in their case without Biden's admission being on the record.

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