In a series of lawsuits, Biden’s attorneys have tried to bolster their case for why a federal judge should dismiss the charges, including one in September that he was in possession of a firearm while on drugs.
They also responded to a recent filing by prosecutors that “investigators observed a white powdery substance” in the brown leather bag that held Biden’s firearm, which they later said was cocaine.
On Tuesday, a member of Hunter Biden’s legal team told NBC News that authorities had a “smoking bag” for five years before the tests began, and that the bag evidence could not be authenticated because it was extensively processed before the test. A member of Biden’s legal team said evidence obtained from the text messages did not show that Biden was using drugs on the day he allegedly bought the gun.
In one of the documents filed on Tuesday, the prosecution wrote that “Mr. Biden did not allege in the indictment that he was using illegal drugs when he purchased the firearm.”
The office of special counsel David Weiss declined to comment on the documents.
Weiss countered this month documents Denial of felony gun charges by Biden’s lawyers. In a filing, government lawyers argued that any suggestion of a politically motivated prosecution was “unfounded.”
Biden’s lawyer said Tuesday that prosecutors’ submissions added fuel to his client’s argument that the charges should be dismissed on selective and retaliatory harassment, immunity and constitutional grounds, arguing that Weiss was illegally appointed to oversee the case.
“The documents filed by prosecutors provide more evidence that these charges stemmed from a politically motivated attack instigated by former President Trump and his MAGA allies,” Abbe Lowell said.
“This pressure caused prosecutors to violate their contracts to prosecute, the DOJ’s own rules on how they should be appointed, and the Constitution,” he added.
Biden’s attorneys argued in one of the filings that Weiss’ work as the U.S. attorney in Delaware disqualified him from serving as special counsel under rules governing independence from the federal government.
“If an indictment is filed by an improperly appointed or unlicensed prosecutor, the accused’s only recourse would be to dismiss the charge,” they wrote.
In another filing, Biden’s team argued that a gun-possession appeals court could provide constitutional grounds for dismissing gun charges, and called for a stay in the case until the Supreme Court takes up the issue.
Biden’s lawyers also bolstered their argument that Biden’s indictment should have been dismissed last year because of immunity known as the diversion agreement, suggesting that “the prosecution is now facing political pressure to find a way out of the Agreement.” signed”.
Prosecutors had previously argued that approval of the probationary period was a “necessary condition precedent” for the contract to take effect.
Biden has pleaded not guilty to gun charges.
House Republicans have targeted Biden in the impeachment inquiry against his father. Before after Defying the call of Congress Biden, who requested a closed statement, is now expected to do so appears for closed sediment Feb. 28 with the House Oversight and Judiciary panels.