Hunter Biden’s lawyer says the case involving his purported purchase of a handgun is unconstitutional, McClatchy reports. Biden is accused of lying, both on federal forms and to a gun dealer, while purchasing a revolver from a Wilmington, Del., gun store in 2018. He also is accused of possessing the handgun for an 11-day period as an unlawful user of illicit substances. A grand jury charged Biden with three felony firearm offenses. The charges come after a plea agreement between Biden, 53, and federal prosecutors fell apart in July. Under the agreement, Biden would have pleaded guilty to misdemeanor tax violations and entered a diversion program, which would have allowed him to avoid gun charges if he remained drug-free and law-abiding. Biden’s attorney, Abbe Lowell, argued the charges against his client stem from a Republican pressure campaign and have no legal standing.
“These charges are the result of political pressure from President Trump and his MAGA allies to force the Justice Department to ignore the law and deviate from its policies in cases like this one,” Lowell said. He intends to file a motion to dismiss all three charges. The Supreme Court’s 2022 ruling on gun rights will serve as a key part of Lowell’s argument for dismissal. In his case for dismissal, Lowell also plans to argue that part of Biden’s earlier plea agreement containing immunity provisions remains valid. However, if Lowell is unsuccessful and the charges are not dismissed, the case could go to trial in 2024, while his father hits the campaign trail.