Hunter Biden attorney Abbe Lowell defended his client against a new federal indictment on Thursday, saying new gun charges are not likely to hold up in court.
The president’s son was charged with three federal counts, including illegal firearm possession as a prohibited person, by a federal special counsel on Thursday.
“It is a unique and unjustified charge. Hunter owned an unloaded gun for 11 days,” Lowell said in a CNN interview with Erin Burnett. “There has never been a charge like this that has been brought in the United States.”
Prosecutors allege the younger Biden purchased a gun while on drugs, which is a felony.
Lowell said the constitutionality of the charges is “very much in doubt,” noting that previous investigators have declined to bring the same charges against Hunter Biden.
“The U.S. Attorney’s office investigated this for no less than two or three years. They decided not to bring this charge,” he said.
Lowell said he would challenge the charges on procedural grounds, but that if there was a trial — and he does not believe there will be — he would also dispute the facts of the case.
The new charges are related to those involved in a thrown-out plea deal, which would have seen Biden plead guilty to a single firearms possession charge and tax crimes. Lowell also doubted the legality of the new charges, saying Biden had already agreed to a diversion program unrelated to the plea deal.
Federal special counsel David Weiss is still investigating the tax allegations and may bring further new charges.
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