Special counsel David Weiss roundly rejected Hunter Biden’s arguments that the gun-related criminal charges against him in Delaware should be dismissed, according to court documents filed Tuesday.
Prosecutors working for Weiss wrote in the filings that they have “overwhelming” evidence to support charges that President Joe Biden‘s son unlawfully purchased and owned a gun in 2018 while he was addicted to drugs.
“The strength of the evidence against him is overwhelming and distinguishable from any other person who was not prosecuted for similar crimes,” they wrote.
The prosecutors revealed for the first time that federal investigators pulled Hunter Biden’s gun from a sealed evidence bag in 2023 and tested what they found to be a powdery white substance on the gun case. They said an FBI chemist determined it was cocaine.
“To be clear, investigators literally found drugs on the pouch where the defendant kept his gun,” the prosecutors wrote.
They highlighted instances in which Hunter Biden admitted to excessive and illicit drug use in 2018 in his memoir.
Weiss’s team said federal investigators obtained access via search warrant to Hunter Biden’s Apple iCloud account in 2019 and, later, to his laptop.
That data, prosecutors said, contained “photos of crack cocaine and drug paraphernalia,” messages about dealing drugs, and an admission that he was smoking crack two days after the alleged illegal gun purchase for which he is now facing charges.
Prosecutors laid out these and other details in four separate court filings on Tuesday after Hunter Biden’s defense team argued to Judge Maryellen Noreika that the case should be dismissed on four separate grounds.
In their first argument, defense attorneys contended that the case was “selective and vindictive” and that Weiss violated the separation of powers by bringing the charges against their client. They noted how Weiss’s office initially indicated in emails last spring that prosecutors appeared poised to bring no charges against Hunter Biden. They argued Weiss caved to pressure from congressional Republicans, who are conducting their own high-profile investigation into the first son.
In their three other arguments, Hunter Biden’s defense attorneys claimed Weiss was an illegitimate special counsel, that the gun charges did not stand up to Second Amendment tests established by the Supreme Court in New York State Rifle & Pistol Association, Inc. v. Bruen, and that part of a defunct plea agreement the two parties nearly reached in summer 2023 was actually still intact.
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Weiss disputed all four arguments in his filings Tuesday, saying they were “meritless.”
Hunter Biden has until Jan. 30 to file responses to Weiss.
