Hunter Biden’s attorneys on Tuesday doubled down on their arguments for dismissing federal gun charges brought against the president’s son.

In a series of court filings, Biden’s lawyers sought to bolster their positions for why a federal judge should toss out the charges brought in September that included an allegation that he possessed a firearm while using a narcotic.

They also responded to a recent filing by prosecutors that said “investigators observed a white powdery substance” on a brown leather pouch that held Biden’s firearm and that it was later identified as cocaine.

A member of Hunter Biden’s legal team told NBC News on Tuesday that authorities had the “smoking pouch” for five years before running tests and that the pouch evidence can’t be authenticated because it was widely handled before testing. Evidence provided from text messages also does not contain a single text suggesting drug use on the day Biden is alleged to have purchased the gun, the member of Biden’s legal team said.

The prosecution “has not alleged in the indictment that Mr. Biden was using unlawful drugs at the time he purchased the firearm,” his attorney’s wrote in one of Tuesday’s filings.

Special counsel David Weiss’ office declined to comment on the filings.

Weiss this month had opposed filings by Biden’s attorneys to dismiss the felony gun charges. In one filing, government attorneys had argued that any suggestion of a politically motivated prosecution was “meritless.”

An attorney for Biden said Tuesday that the prosecutors’ filings added fuel to his client’s argument that the charges should be dismissed on the basis of selective and vindictive prosecution, immunity, and constitutional grounds and argued that Weiss was unlawfully appointed to oversee the case.

“The filings made by the prosecutors provide more evidence that these charges result from a politically motivated attack instigated by former President Trump and his MAGA allies,” Abbe Lowell said in a statement.

“This pressure caused the prosecutors to violate their own non-prosecution agreement, the DOJ’s own regulations for how they should have been appointed, and the Constitution to pursue them,” he added.

Biden’s attorneys argued in one of the filings that Weiss’ work as U.S. Attorney for Delaware rendered him ineligible to serve as special counsel because of regulations governing independence from the federal government.

“If someone who was not properly appointed or licensed as a prosecutor brought an indictment, the only remedy for the person charged would be to invalidate the charges,” they wrote.

In another filing, Biden’s team highlighted an appeals court ruling on firearm possession that they said could provide constitutional grounds for dismissal of the gun charges and urged delaying the case from proceeding to trial until the Supreme Court weighs in on that matter.

Biden’s attorneys also reinforced their arguments that Biden’s indictment should be dismissed due to immunity that was conferred to him last year through what’s known as a diversion agreement, suggesting that “the prosecution now faces political pressure to find some way to squirm out of the Agreement that it has signed.”

Prosecutors had previously argued that probation’s approval was a “necessary condition precedent” for the contract to be effective.

Biden has pleaded not guilty to the gun charges.

In addition to the gun charges, Biden is also facing tax-related charges in California, including three felony counts. He pleaded not guilty this month.

House Republicans have targeted Biden in their impeachment inquiry into his father. After initially defying a congressional subpoena that requested a closed-door deposition, Biden is now expected to appear for a closed-door deposition with the House Oversight and Judiciary panels on Feb. 28.

Leave a Reply

Your email address will not be published. Required fields are marked *

You May Also Like
Fox News Campus Radicals Newsletter: Anti-Kirk teacher honored, ICE supporter expelled, Pride display problem

Campus tensions rise: teacher honored after anti-Kirk remarks, ICE supporter expelled, Pride display sparks controversy

A photograph from Utah Valley University shows Charlie Kirk tossing a “Make…
How the Oct 7 Hamas terror attacks exposed long-running concerns about UNRWA, new film charges

UNRWA Dismisses 70 Gaza Employees Over Alleged Hamas Links, Says Firings Are Not Proof of Guilt

The United Nations Relief and Works Agency for Palestine Refugees in the…
Urgent disaster warning as king tides set to flood Newport Beach

King Tides Raise Flood Risk in Newport Beach, Prompting Urgent Warning

Newport Beach residents are being warned to take precautions ahead of a…
Knicks NBA Finals merch: Must-have jerseys and gear every NYC fan needs now

Knicks NBA Finals Gear Guide: The Jerseys and Fan Must-Haves NYC Is Buying Now

Localish participates in several affiliate marketing programs and may earn a commission…
Sammy 'The Bull' reveals why his love for John Gotti turned into prison hate

From Loyalty to Loathing: Why Sammy “The Bull” Gravano Turned on John Gotti in Prison

Sammy “The Bull” Gravano built his reputation as the mob insider who…
video of apprehension

CBP and Coast Guard Stop Migrant Boat Bound for Puerto Rico, 40 Apprehended Including Uzbek National

U.S. Customs and Border Protection agents helped intercept a boat carrying 40…
NJ Delaney Hall arrests include influx of out-of-state agitators with links to dark money group

Delaney Hall Arrests in New Jersey Include Out-of-State Activists Tied to Dark Money-Linked Group

Many of the people arrested during last weekend’s confrontation outside Newark’s Delaney…
Merrillville, Indiana tornado damage: EF-2 tornado wind speed destroys homes; Illinois tornadoes also cause storm damage

Merrillville, Indiana EF-2 Tornado Destroys Homes as Severe Storms Spark Damage Across Illinois

Recovery efforts were still underway Saturday in several communities hit by this…
Suspected California double murder fugitive arrested in Laos, returned to US

California Double-Murder Suspect Captured in Laos, Brought Back to the U.S.

A California murder suspect accused in two separate killings has been returned…
Secret evidence filed in Anna Kepner Carnival cruise murder case as feds push to jail accused stepbrother

Carnival Cruise Murder Case Twist: Secret Evidence Filed as Feds Seek to Jail Anna Kepner’s Accused Stepbrother

Federal prosecutors have discreetly filed additional sealed evidence in the case against…
Teenager shot during Knicks madness takeover in Times Square

Teenager Shot Amid Knicks Celebration Crowds in Times Square

A 17-year-old was shot in the foot during chaotic celebrations in Times…
Roseland Ceasefire Project hosts annual Anti-Violence Basketball Tournament at Pullman Community Center on Chicago's South Side

Roseland Ceasefire Project Holds Annual Anti-Violence Basketball Tournament at Pullman Community Center on Chicago’s South Side

CHICAGO (WLS) — The Roseland Ceasefire Project held its annual Anti-Violence Basketball…