A deal that included a diversion in connection with a firearms charge and a guilty plea to two misdemeanor tax charges collapsed in court over the summer.
, after a deal that included a diversion in connection with a firearms charge and a guilty plea to two misdemeanor tax charges collapsed in court over the summer.may have been prepared to enter a diversion program for the gun possession allegation, his defense attorneys are indicating they plan to argue that one of the statutes he is charged with violating — a ban on gun possession for drug users — is unconstitutional.
Hunter Biden, son of U.S. President Joe Biden, departs the J. Caleb Boggs Federal Building and United States Courthouse on July 26, 2023 in Wilmington, Delaware. If convicted on all charges, Hunter Biden could face a maximum sentence of 25 years in prison and fines of up to $750,000. For now at least, if the case goes to trial, it could take place in the midst of Joe Biden's 2024 reelection campaign.Though the case against Hunter Biden is in its early stages, questions have arisen about the constitutionality of the law cited in the indictment against him on the possession charge.
Willinger said there is"interesting interplay" between the illegal possession charge and the other two in the indictment related to the alleged false statements. "It seems to me a little more of an obvious case to take on appeal and to push hard for constitutionality here from the government's perspective because it's not dealing with marijuana, where you have legalization at the state level. It's dealing with a different controlled substance," Willinger said.
The Justice Department could also ask the high court to review a 3rd Circuit decision that struck down a law banning felons from having guns.
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