Hunter Biden's next move is to avoid a trial altogether: Legal experts

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WILMINGTON, Delaware — After President Joe Biden's son pleaded not guilty to three felony gun charges in court Tuesday morning, legal experts say his likely next move is to avoid a criminal trial altogether.

Hunter Biden, 53, is planning to fight the charges alleging he lied about his drug use in October 2018 on a form to purchase a firearm that he kept for around 11 days. “Mr. Biden pleads not guilty to the three counts that have been brought against him,” his attorney Abbe Lowell said to the judge.Lawyers for the president's son and prosecutors with special counsel David Weiss's office have a Nov.

Lowell is likely to file a motion focusing on an agreement prosecutors previously struck with the president's son that would have seen the government not prosecute the gun charges in exchange for the president's son pleading guilty to two misdemeanor tax charges, abstaining from drug use for two years, and agreeing to own a firearm never again.

Lowell has also been adamant that the Supreme Court's recent Second Amendment precedent from the 2022 Bruen v. New York Rifle & Pistol Association ruling is likely to play a part in the defense, and the U.S. Court of Appeals for the 5th Circuit has recently cited it to invalidate the same federal firearm statute Hunter Biden is charged under, albeit the ruling is only binding in Texas, Louisiana, and Mississippi.

Constitutional law professor Jonathan Turley insisted on Tuesday that Lowell"is expected" to push that Hunter Biden's gun form was accurate because, at the time, Hunter Biden had a moment of sobriety in his life when purchasing the weapon, according to Lowell's own words.

 

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