Hunter Biden again moves to dismiss Delaware gun indictment charges

Lawyers for President Biden’s son, Hunter Biden, have once again moved to dismiss federal firearms charges filed against him in Delaware.

Hunter Biden’s lawyers filed a motion in federal court on Tuesday arguing that a diversion agreement previously agreed to by the Department of Justice and Hunter Biden’s legal team should remain in effect.

The agreement would have allowed Biden to avoid jail time. The government would also not charge Hunter Biden with the more serious federal gun charge — if he pleaded guilty to the misdemeanor tax charges and behaved under certain terms of the agreement for a period of approximately 24 months. If Hunter Biden breached the diversion, the government would try to bring the serious gun charge against him.

However, in July 2023, Judge Maryellen Noreika did not accept the plea agreement, questioning its constitutionality — specifically the diversion clause and the immunity Hunter Biden would receive.

HUNTER BIDEN FILES TO DISMISS INDICTMENT ON GUN CHARGES IN DELAWARE, CITING COLLAPSED PLEA DEAL

Hunter Biden, center, and his attorneys Abbe Lowell, right, and Kevin Morris, left, leave the House Oversight and Accountability Committee markup titled “Resolution Recommending That The House Of Representatives Find Robert Hunter Biden In Contempt Of Congress,” in Rayburn Building on Wednesday, January 10, 2024. (Tom Williams/CQ-Roll Call, Inc via Getty Images)

Special Counsel David Weiss argued the diversion agreement died the day the plea deal died. 

Hunter Biden’s defense lawyer, Abbe Lowell, is once again sticking to the argument that the agreement between the DOJ and Hunter Biden should remain in effect, because both parties agreed to it last spring.

Hunter Biden, center, and his attorneys Abbe Lowell, right, and Kevin Morris, left, arrive for the House Oversight and Accountability Committee markup titled “Resolution Recommending That The House Of Representatives Find Robert Hunter Biden In Contempt Of Congress,” in Rayburn Building on Wednesday, January 10, 2024. (Tom Williams/CQ-Roll Call, Inc via Getty Images)

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“The prosecution is bound by the agreements that it makes, approves, and signs with a defendant, just as it often seeks to hold defendants to the terms of the agreements that defendants make and sign,” Lowell wrote. “No matter how fervently the prosecution’s decision to enter into the Diversion Agreement is criticized by extremist Republican politicians and the right-wing press, the prosecution remains bound by the agreement it struck. The Court must not allow the prosecution to renege on its agreement.”

The president’s son pleaded not guilty to all counts in October.

Fox News Digital’s Brooke Singman contributed to this report.