Hunter Biden’s lawyer says gun statute unconstitutional, case will be dismissed | ET REALITY

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The younger Biden’s lawyer spoke to ABC News on Friday.

September 15, 2023, 07:45

The attorney for President Joe Biden’s son, Hunter Biden, who faces gun charges, said Friday that the statute is “probably unconstitutional” and hopes “the case will be dismissed before trial.”

“On the facts, we believe we will have a defense,” Abbe Lowell told ABC News’ George Stephanopoulos in an interview on “Good Morning America.”

The younger Biden has been charged by special counsel David Weiss with three felony weapons charges, bringing renewed legal pressure on him after a plea deal he reached with prosecutors imploded in recent months.

The conduct described in the indictment dates back to October 2018, when Hunter Biden acquired a Colt Cobra 38SPL despite later acknowledging that he was addicted to drugs at the time.

PHOTO: Attorney Abbe Lowell appears in "Good morning america," September 15, 2023.

Attorney Abbe Lowell appears on “Good Morning America,” September 15, 2023.

ABC News

While the criminal statutes cited in the indictment are clear (it is a crime to lie on a gun application form or to possess a firearm as a drug user), Hunter Biden’s attorney suggested the charges could be unconstitutional, citing a recent appeals court ruling. that drug use alone should not automatically prevent someone from obtaining a gun.

“The only change that has occurred between the time they investigated (this alleged crime) and today is that the law changed,” Lowell said. “But the law did not change in favor of the prosecution. “The law changed against them.”

As Republicans launched an impeachment inquiry on Capitol Hill, Lowell suggested that political pressure on prosecutors influenced their decision, questioning the timing of the charges in light of whistleblowers’ revelations about the investigation.

“The US Attorney’s Office has known this for years,” Lowell added. “What changed? Not the facts, not the law, but all the politics that have now come into play.”

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