Attorney for Hunter Biden Claims Felony Gun Charges Unconstitutional in Recent Interview with ABC News

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Hunter Biden’s Attorney Calls Felony Gun Charges “Likely Unconstitutional,” Expects Case Dismissal Before Trial

September 15, 2023, 7:45 AM ET

• 2 min read

WASHINGTON – The attorney representing Hunter Biden, the son of President Joe Biden, spoke out on Friday regarding the felony gun charges his client is facing. In an interview with ABC News’ George Stephanopoulos on “Good Morning America,” attorney Abbe Lowell expressed confidence that the charges are “likely unconstitutional” and predicted that the case would be dismissed before going to trial.

Lowell stated, “On the facts, we think we’ll have a defense,” referring to Hunter Biden’s indictment on three felony gun charges by special counsel David Weiss. The indictment has placed renewed legal pressure on the younger Biden following the collapse of a previous plea agreement with prosecutors in recent months.

The charges stem from an incident in October 2018 when Hunter Biden obtained a Colt Cobra 38SPL, despite later admitting to struggling with drug addiction during that period. The indictment alleges that Biden lied on his gun application form and possessed a firearm while being a drug user, both of which are criminal offenses.

However, Hunter Biden’s lawyer argued that recent court rulings suggest the charges could be deemed unconstitutional. Lowell cited a case where an appeals court ruled that drug use alone should not automatically prevent an individual from obtaining a firearm.

“The only change that has occurred between when they investigated [this alleged crime] and today is that the law changed,” Lowell stated. “But the law didn’t change in favor of the prosecution. The law changed against it.”

In addition to addressing the legal aspects, Lowell also raised concerns about the timing and potential political motivations behind the charges. With Republicans launching an impeachment inquiry on Capitol Hill, he suggested that political pressure on prosecutors influenced their decision to move forward with the indictment.

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

As the case unfolds, all eyes will be on the courtroom as the younger Biden’s legal team prepares their defense and fights against the charges that could carry significant consequences.

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