CBS News
Special counsel responds to Hunter Biden’s motions to dismiss gun charges, discloses cocaine residue found on his gun pouch
In a flurry of legal filings, special counsel David Weiss’s office responded Tuesday to Hunter Biden’s December motions to dismiss federal firearms charges filed against him in Delaware, on what his attorneys said in a statement a were “unprecedented, unconstitutional” charges that violated a diversion agreement signed in 2023.
In court documents, federal prosecutors argued that the gun charges facing the president’s son were not part of a politicized and “selective and vindictive prosecution” as argued by the defense. They said the evidence, including Hunter Biden’s own words in his 2021 memoir, Beautiful Things, recovered text messages and the presence of cocaine residue on a leather firearm pouch demonstrated he had unlawfully possessed a firearm during a period when he struggled with drug addiction.
“The charges in this case are not trumped up or because of former President Trump—they are instead a result of the defendant’s own choices and were brought in spite of, not because of, any outside noise made by politicians,” prosecutors said in the filings.
Hunter Biden was indicted by a federal grand jury in September on three felony charges related to his alleged unlawful purchase and possession of a Colt Cobra .38 Special revolver in October 2018 while he was a drug user. He pleaded not guilty to all three charges in 2023.
Federal prosecutors also argued that the diversion agreement — which would have immunized Biden from prosecution on federal gun charges if he agreed not to use drugs or possess a firearm — was never approved by U.S. Probation and never went into effect.
But Hunter Biden’s legal counsel maintains that the diversion agreement is legally binding and still valid. The agreement, along with a plea deal related to tax charges, unraveled in federal court in July after a judge questioned the terms and whether the agreement would allow Hunter Biden to avoid potential future charges.
Hunter Biden’s attorneys also leaned heavily on a Second Amendment argument that has been favored by his father’s political opponents stemming from the Supreme Court’s 2022 decision in the case New York State Rifle & Pistol Association v. Bruen. That case led to a new legal test laid out by Justice Clarence Thomas, which requires judges to weigh whether state and federal gun laws are “consistent with the nation’s historical tradition of firearm regulation.”
In their motion to dismiss, Biden’s counsel argued that the statute federal prosecutors used to charge him with the unlawful possession of a firearm as a drug user was unconstitutional because they cannot prove that he was using drugs at the moment of the transaction to purchase the firearm.
In response, prosecutors for the special counsel stated that the government has evidence that Hunter Biden engaged in drug use while he possessed the firearm, and “Anglo American law has long recognized the government’s ability to restrict access to firearms” for those whose possession would pose a risk to public safety.
Federal prosecutors also argued that the special counsel’s appointment in itself and funding for the investigation was lawful after Hunter Biden’s attorneys asserted that it had not been approved by Congress and therefore violated the Appropriations Clause.
The Justice Department has the authority to “designate any officer of the Department to represent the United States in court,” prosecutors responded, and its designated congressional appropriation covers the independent investigation.
The ongoing investigation into Hunter Biden, led by Weiss, had spanned five years over the course of both the Trump and Biden administrations. Weiss was appointed U.S. attorney for Delaware by former President Donald Trump and named special counsel by Attorney General Merrick Garland in 2023.
Hunter Biden also faces federal charges in California in a second indictment secured by special counsel Weiss’ office for his alleged failure to file and pay taxes, evasion of assessment and filing a false or fraudulent tax return. Prosecutors say Hunter Biden engaged in a “four-year scheme” to avoid paying at least $1.4 million in federal taxes. He pleaded not guilty to nine federal tax charges this month and faces up to 17 years in prison if convicted .
Catherine Herridge contributed to this report.
Watch CBS News
Be the first to know
Get browser notifications for breaking news, live events, and exclusive reporting.
CBS News
How to watch the Minnesota Vikings vs. Chicago Bears NFL game today: Livestream options, more
Getty Images
The Minnesota Vikings will take on the Chicago Bears today. The Vikings are currently 8-2, an impressive run so far this season, and will be looking to add a fourth win to their current streak after last Sunday’s 23-13 win against the Tennessee Titans. The Bears, on the other hand, are entering this game on the heels of a four-game losing streak after a tough 20-19 loss against the Green Bay Packers last Sunday.
Here’s how and when you can watch the Vikings vs. Bears game today, whether or not you have cable.
How and when to watch the Minnesota Vikings vs. Chicago Bears
The Vikings vs. Bears game will be played on Sunday, November 24, 2024 at 1:00 p.m. ET (11:00 a.m. PT). The game will air on Fox and stream on Fubo and the platforms featured below.
How and when to watch the Minnesota Vikings vs. Chicago Bears game without cable
You can watch this week’s NFL game on Fox via several streaming services. All you need is an internet connection and one of the top options outlined below.
Fubo offers you an easy, user-friendly way to watch NFL games on CBS, Fox, NBC, ABC, ESPN, and NFL Network, plus NCAA football channels. The Pro tier includes 200+ channels and unlimited DVR, while the Elite with Sports Plus tier adds NFL RedZone and 4K resolution. New subscribers get a seven-day free trial and all plans allow streaming on up to 10 screens simultaneously.
You can watch today’s game with a subscription to Sling’s Orange + Blue tier, which includes ESPN, ABC, NBC, and Fox. The plan offers 46 channels with local NFL games, nationally broadcast games and 50 hours of DVR storage. For complete NFL coverage, add Paramount+ to get CBS games, or upgrade with the Sports Extra add-on for additional sports channels like Golf Channel, NBA TV and NFL RedZone.
Watching NFL games, including Fox broadcasts, is simple with Hulu + Live TV, which includes 90 channels, unlimited DVR storage, and access to NFL preseason games, live regular season games and studio shows. The service includes ESPN+ and Disney+ in the subscription.
Want to watch today’s game live on your smartphone? If so, NFL+ streaming service is the solution you’re looking for. It lets you watch NFL Network and out-of-market games on mobile devices, with an upgrade option to NFL+ Premium that includes NFL RedZone for watching up to eight games simultaneously. Note that NFL+ only works on phones and tablets, not TVs.
CBS News
How to watch the Detroit Lions vs. Indianapolis Colts NFL game today: Livestream options, more
Nic Antaya/Getty Images
The Detroit Lions will face off against the Indianapolis Colts today. The Lions enter this game as top contenders with a near-perfect record of 9-1 so far this season. The Colts, who are 5-6 this season, could have a tough game on their hands against the Lions but will be looking to rack up another win after prevailing over the New York Jets in a tight game last Sunday.
Here’s how and when you can watch the Colts vs. Lions game today, whether or not you have cable.
Here’s how and when to watch the Detroit Lions vs. Indianapolis Colts
The Lions vs. Colts game will be played on Sunday, November 24, 2024 at 1:00 p.m. ET (11:00 a.m. PT). The game will air on Fox and stream on Fubo and the platforms featured below.
How and when to watch the Detroit Lions vs. Indianapolis Colts game without cable
You can watch this week’s NFL game on Fox via several streaming services. All you need is an internet connection and one of the top options outlined below.
Experience NFL action like never before with Fubo’s comprehensive sports streaming platform. From Sunday showdowns to primetime matchups, catch every NFL game across major networks including CBS, Fox, NBC, ABC, ESPN and NFL Network. Choose the Pro package to unlock 200+ channels and limitless DVR storage, or elevate your game-day experience with the Elite with Sports Plus package, featuring NFL RedZone’s commercial-free scoring highlights and stunning 4K quality.
Test drive the service with a no-commitment seven-day free trial, and share the excitement with family and friends — Fubo supports simultaneous streaming on up to 10 devices, so everyone can watch their favorite teams.
You can watch today’s game with a subscription to Sling’s Orange + Blue tier, which includes ESPN, ABC, NBC, and Fox. The plan offers 46 channels with local NFL games, nationally broadcast games, and 50 hours of DVR storage. For complete NFL coverage, add Paramount+ to get CBS games, or upgrade with the Sports Extra add-on for additional sports channels like Golf Channel, NBA TV and NFL RedZone.
Watching NFL games, including Fox broadcasts, is simple with Hulu + Live TV, which includes 90 channels, unlimited DVR storage, and access to NFL preseason games, live regular season games and studio shows. The service includes ESPN+ and Disney+ in the subscription.
Want to watch today’s game live on your smartphone? If so, NFL+ streaming service is the solution you’re looking for. It lets you watch NFL Network and out-of-market games on mobile devices, with an upgrade option to NFL+ Premium that includes NFL RedZone for watching up to eight games simultaneously. Note that NFL+ only works on phones and tablets, not TVs.