Hunter Biden defense attorney Abbe Lowell intends to file motion to dismiss
Magistrate Judge Christopher Burke told prosecutors and defense attorneys they have 30 days to file their next motions in the federal case against Hunter Biden — setting a deadline for Nov. 3, 2023.
Hunter Biden defense attorney Abbe Lowell made it known that the defense will file a motion to dismiss the charges because of a diversion agreement that the defense maintains is still in effect.
The diversion agreement was included as part of the original plea deal that collapsed in July. Biden was set to plead guilty to two misdemeanor tax counts of willful failure to pay federal income tax, which would allow him to avoid jail time on a felony gun charge. That deal fell apart during his last court appearance. The president's son, in July, was then forced to plead not guilty to two misdemeanor tax charges and one felony gun charge when the deal collapsed in court.
The federal gun charges are the first charges Weiss has brought against Hunter since being granted special counsel status by Attorney General Merrick Garland in August.
Abbe Lowell also said the motion to dismiss would also include a debate about the constitutionality about statutes that have been discussed.
Lowell added that he will be making a request for an evidentiary hearing.
Overall Tuesday's hearing was short. Biden was in court for about 20 minutes, starting at 10:00 a.m. ET and ending at 10:20.
The government was represented by Leo Wise and Derek Hines.
Posted by Brooke Singman