DOJ special counsel says Hunter Biden’s indictment should not be dismissed

Attorneys on both sides of the Hunter Biden pardon by President Biden are arguing if the case against the first son should be completely dismissed.

President Biden and son Hunter Biden step out of a bookstore while shopping in Nantucket, Massachusetts, on November 29, 2024. Biden on Sunday issued an official pardon for his son Hunter, who was facing sentencing for two criminal cases related to tax evasion and the purchase of a firearm.  (MANDEL NGAN/AFP via Getty Images)

"No court has agreed with the defendant on these baseless claims, and his request to dismiss the indictment finds no support in the law," the special counsel added before requesting the dismissal of the indictment be denied.

In response to the request, Hunter’s attorney, Abbe Lowell of the Washington, D.C.-based law firm, Winston & Strawn LLP, argued that the majority of courts support a dismissal.

"The Special Counsel paradoxically claims that Mr. Biden’s notice is ‘without any legal support’ in suggesting that his pardon means that the Court should dismiss the indictment, at the same time, the Special Counsel acknowledges that ‘the majority of courts, when faced with such a decision, have chosen to dismiss an indictment,’" the defense team wrote. "The Special Counsel’s admission that this is the practice of the ‘majority of courts’ certainly provides legal support to Mr. Biden’s claim that dismissal is warranted."

JOE BIDEN MET WITH AT LEAST 14 OF HUNTER’S BUSINESS ASSOCIATES WHILE VICE PRESIDENT

Hunter Biden, son of President Biden, follows his attorney Abbe Lowell on Capitol Hill in Washington on January 10, 2024.  (REUTERS/Kevin Lamarque)

Hunter Biden was found guilty in the gun case in June, with a jury of his peers determining he made a false statement in the purchase of a gun, made a false statement related to information required to be kept by a federally licensed gun dealer, and possession of a gun by a person who is an unlawful user of or addicted to a controlled substance. 

He has a well-documented history of drug abuse, which was most notably documented in his 2021 memoir, "Beautiful Things," which walked readers through his previous need to smoke crack cocaine every 20 minutes, how his addiction was so prolific that he referred to himself as a "crack daddy" to drug dealers, and anecdotes revolving around drug deals, such as a Washington, D.C., crack dealer Hunter Biden nicknamed "Bicycles."

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In the tax case, Hunter faced another trial regarding three felony tax offenses and six misdemeanor tax offenses regarding the failure to pay at least $1.4 million in taxes. As jury selection was about to kick off in Los Angeles federal court in September, Hunter entered a surprise guilty plea.

Fox News Digital’s Emma Colton contributed to this report.

Greg Wehner is a breaking news reporter for Fox News Digital.

Story tips and ideas can be sent to Greg.Wehner@Fox.com and on Twitter @GregWehner.

https://www.foxnews.com/politics/doj-special-counsel-says-hunter-bidens-indictment-should-not-be-dismissed