Good day all. The usual pretrial junk is underway in the in the case of the First Junkie, Hunter Biden, aka Hoovernose verse the United States. Since the sweetheart deal imploded a few months ago, thanks to an honest and curious judge, things have been rather bleak for Hoovernose.
Now a motion has been made to throw the gun charge out citing, among other things, it’s constitutionality. Here are the details from Breitbart:
Hunter Biden’s lawyer, Abbe Lowell, told U.S. Magistrate Judge Christopher Burke on Tuesday that he will file a motion to dismiss the gun case against his client, because he believes that the July sweetheart plea agreement remains in effect and that the gun statute is unconstitutional.
The sweetheart deal is deader then Dianne Feinstein. However, there is a good chance the constitutional question will go in the First Junkie’s favor. I believe the 5th Circuit has ruled in a different case that the charge against Hoovernose was unconstitutional.
Burke told Hunter Biden on Tuesday the motion had to be filed by November 3.
The president’s son is charged with one count of false statement in the purchase of a firearm, one count of possession of a firearm by a person who is an unlawful user of or addicted to a controlled substance, and one count of false statement related to information required to be kept by a federal firearms licensed dealer.
I believe it’s the section about a druggie possessing a gun that he’s asking to be dismissed.
Hunter Biden’s sweetheart plea deal with Special Counsel David Weiss collapsed after U.S. District Judge Maryellen Noreika questioned if the plea deal covered future potential charges of the Justice Department’s ongoing investigation. The prosecution said the deal did not include any alleged Foreign Agents Registration Act (FARA) violations.
It was that last part that caught Hovernose’s attorneys off guard. They were operating under the idea that the sweetheart deal would prevent the First Junkie from being prosecuted for pretty much anything up to the point that the deal was accepted and stamped by the judge. When the judge started asking questions, the prosecution knew the jig was up and had to pull back. When that happened, Hoovernose’s lawyers walked away from the plea deal.
Hunter Biden’s lawyers wrote in a court filing in August that Weiss decided to “renege on the previously agreed-upon plea agreement,” but that the diversion agreement, providing Hunter Biden broad further immunity, is still in effect and binding. The diversion agreement allowed Hunter Biden to plead guilty to misdemeanor tax violations while essentially wiping a felony gun violation from his record.
While I’m not any sort of legal expert, since the judge didn’t sign off on the sweetheart deal, it’s not binding. Now I may be mistaken, but I don’t think so. As for the attempt to get the gun charge dismissed on constitutional grounds? That is going to really set off the gun grabbers. As I mentioned earlier there is already a case where it’s been declared unconstitutional.
If this judge rules against the First Junkie, then this is going to the Supreme Court, and that may be the last thing the Progressive Liberal Gun Grabbers want. They would rather see Hunter Biden do life in prison rather then see the Supreme Court throw out another chunk of their precious National Firearms Act and 1968 gun control act. My next question will be, when will Hunter Biden flip on the Big Guy?
***UPDATE***
No sooner than I put this into the queue to be posted, then and update to the story happens. Sweetheart Weiss has dropped one of the gun charges. Here are those details from Breitbart:
Special Counsel David Weiss dropped one of the gun charges count against Hunter Biden on Wednesday.
The move is apparently a procedural step, according to the Associated Press:
The procedural step removes a charge alleging he broke a law against drug users having guns when he bought a gun in 2018, during a period he has acknowledged struggling with addiction.
The president’s son is now facing a three-count indictment focused on the same purchase that includes both gun possession and false statement charges. No new tax counts have yet been filed by special counsel David Weiss, who is overseeing the case.
And there it is. That was the exact charge I expected to be tossed. How this will affect the other gun and perjury charges? I can’t say, but I suspect it might throw them into question. I also suspect that this was the plan by Weiss and Garland all along. Throw the case and gain an acquittal so they don’t have to deal with the other, more serious charges that should have been brought.
Thatisall
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