Hunter Biden, son of US President Joe Biden, arrives at Fort Lesley J. McNair in Washington, DC, on Tuesday, July 4, 2023.
Ting Shen | Bloomberg | Getty Images
Hunter Biden pleaded not guilty Tuesday in Delaware federal court to criminal charges related to having a handgun while being a drug user.
Biden’s lawyer, Abbe Lowell, during the arraignment told Magistrate Judge Christopher Burke that he plans to file a motion to dismiss the three firearms charges against the son of President Joe Biden.
Burke told Hunter Biden he remains subject to release conditions that include a ban on using drugs and alcohol or possessing a gun, and, if required by a probation officer, submitting to regular drug tests and substance abuse counseling.
Hunter Biden, 53, was indicted last month on three firearms counts.
Two of the counts center on false statements he allegedly made about his illegal drug use in order to buy a Colt Cobra revolver. He is also charged with possession of a firearm by a person who is an unlawful drug user.
Two of the three charges have a maximum possible sentence of 10 years in prison. The third charge has a five-year maximum prison term.
The charges were filed after a planned plea deal that would have allowed him to avoid being charged in the gun case collapsed after a judge raised questions about its terms.
Prosecutors say the gun deal was withdrawn.
But Lowell argued that the agreement remains in effect, and that Biden is legally barred from being indicted on the gun charges as a result.
After the plea hearing Tuesday, Lowell said, “These charges are the result of political pressure from President Trump and his MAGA allies to force the Justice Department to ignore the law and deviate from its policies in cases like this one.”
“The only substantive and relevant changes since July, when the US Attorney decided against pursuing these exact charges against Mr. Biden, has been various court rulings undermining the constitutionality of the law at issue here and a coordinated, partisan attack on our system of justice by right-wing Republicans,” Lowell said.
In addition to the gun case, Biden also is charged with two counts of failure to pay federal income taxes. He has pleaded not guilty in that case.