Hunter Biden will seek to dismiss the federal indictment against him that included three charges he was arraigned on earlier this week, according to a new court filing.
The president's son "maintains" that the original plea deal, or diversion agreement, "remains in force," Abbe Lowell, Hunter Biden's lawyer, wrote in the filing on Thursday.
"He will seek to dismiss the Indictment against him pursuant to the immunity provisions of that Agreement," Lowell said.
Under the terms of the original agreement, the younger Biden would have pleaded guilty to two misdemeanor tax charges over his failure to pay income taxes, and prosecutors had agreed to a related agreement that could have resulted in the gun charges being dismissed.
But the deal collapsed in federal court on the day of his arraignment in July and he wound up pleading not guilty on the tax charges.
David Weiss, the U.S. Attorney in Delaware and a Trump nominee, became special counsel overseeing the case in August. Hunter Biden was indicted in mid-September on three federal gun charges. Two counts accused him of falsely completing a form indicating he was not using illegal drugs when he bought a firearm in October 2018. The third count alleges he possessed a firearm while using a narcotic.
The indictment details that Hunter Biden “knowingly made a false and fictitious written statement, intended and likely to deceive” a firearms dealer when on or about Oct. 12, 2018, he was acquiring a gun, a Colt Cobra 38SPL revolver.
The president's son pleaded not guilty to the charges on Tuesday.
