Diversion Agreement Violation
Hunter Biden’s defense team has filed a motion to dismiss the charges against him, citing a violation of the diversion agreement. In October, Biden pleaded not guilty to all counts, and his attorney, Abbe Lowell, hinted at the possibility of filing this motion. The defense argues that the gun charges should be dismissed due to the diversion agreement, which they believe is still in effect. The diversion agreement was part of the original plea deal that collapsed in July.
Original Plea Deal and Collapse
Under the original plea deal, Biden was set to plead guilty to two misdemeanor tax counts, which would have allowed him to avoid jail time on a felony gun charge. However, the deal fell apart during his last court appearance, forcing Biden to plead not guilty to two misdemeanor tax charges and one felony gun charge. The defense now argues that the indictment violates the diversion agreement.
Defense’s Argument
According to the defense, the prosecution agreed to grant immunity for any offense related to Biden’s purchase of a firearm as part of the diversion agreement. They claim that the prosecution stated they could not bring firearms charges based on the firearm identified in the factual statement to the diversion agreement. However, the indictment brought against Biden includes three felony firearm offenses that all relate to the firearm identified in the diversion agreement’s factual statement. The defense argues that the prosecution must fulfill their promise not to prosecute Biden.
Maximum Penalties
If convicted on all counts, Biden could face up to 25 years in prison, with each count carrying a maximum fine of $250,000 and three years of supervised release.
Conditions of Release
During a court appearance in October, Magistrate Judge Christopher Burke laid out the conditions for Biden’s release. These conditions include seeking employment, communicating all international travel plans, abstaining from possessing firearms and using alcohol and drugs, undergoing random drug testing, and participating in a substance abuse counseling program.
Background of the Charges
In 2018, a gun owned by Hunter Biden was thrown into a trash can outside a market in Delaware, according to a police report. The firearm transaction report indicates that Hunter purchased the gun earlier that month, falsely answering that he was not an unlawful user of drugs. Additionally, Biden was discharged from the Navy in 2014 after testing positive for cocaine.
Separate Charges in California
These charges filed by Biden’s defense are separate from the charges he faces in California, which were filed by the special counsel, alleging a “four-year scheme” of tax evasion. These charges include three felonies and six misdemeanors.
This is a developing story, and updates will be provided as more information becomes available.