#Motion to dismiss federal court series#

Clark said he endeavored to preserve language that protected an immunity provision, and prosecutors had indicated to him that prosecutors were not pursuing other charges beyond the case before them.īiden's attorneys also say the case has been politicized, arguing that it has deteriorated into a 'selective and vindictive prosecution.' They also say the plea agreement elicited a 'sharp rebuke' from former President Trump and his allies when it was first made public.

#Motion to dismiss federal court series#

In an attached declaration, Biden's former attorney, Chris Clark, who led negotiations of the failed plea deal, described a series of exchanges about the writing of the agreement. attorney for Delaware, secured a nine-count federal indictment last week related to Biden's alleged failure to file and pay taxes in California from 2016 through 2019. Special counsel David Weiss, who is also the Trump-appointed U.S. The failed plea agreement encompassed misdemeanor tax charges and the diversion agreement.

Prosecutors said he unlawfully possessed a Colt Cobra. The government maintains that this agreement, along with a plea deal related to tax charges, collapsed in July.īiden was indicted in September on three felony counts related to his purchase of a firearm in October 2018 while he was a drug user, according to court filings. In one of the several court filings, Hunter Biden's legal counsel claimed that the diversion agreement, which required him to refrain from drug and alcohol use and prohibited the purchase and possession of a firearm, among other conditions in exchange for the government's agreement not to prosecute, is legally binding and still valid. Lawyers for Hunter Biden filed motions in federal court Monday to dismiss federal firearms charges filed against him in Delaware, arguing the charges are 'unprecedented, unconstitutional' and violated a diversion agreement set in July. Hunter Biden likely to make 2nd Amendment defense, could see additional charges 05:33