Hunter Biden attorney's announcement of their intention to file a motion of dismissal

During a court hearing on Tuesday, Hunter Biden's lawyer, Abbe Lowell, informed U.S. Magistrate Judge Christopher Burke that he intends to submit a motion to dismiss the gun case against his client. Lowell believes that the previous plea agreement from July is still in effect and contests the constitutionality of the gun statute.

Judge Burke specified that the motion must be filed by November 3.

The charges against Hunter Biden include one count of false statement in the purchase of a firearm, one count of possession of a firearm by an unlawful user of or addicted to a controlled substance, and one count of false statement related to information required by a federal firearms licensed dealer.

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A plea deal, known as the "sweetheart plea deal," between Hunter Biden and Special Counsel David Weiss fell apart after U.S. District Judge Maryellen Noreika questioned whether the plea deal covered potential future charges from the ongoing investigation by the Justice Department, particularly concerning the Foreign Agents Registration Act (FARA) violations.

Due to their disagreement over the scope of the plea deal, Weiss withdrew the agreement and subsequently charged Hunter Biden with the three gun violations. Potential tax charges against the president's son could still be brought forward by Weiss.

Hunter Biden's lawyers stated in an August court filing that Weiss decided to "renege on the previously agreed-upon plea agreement," but maintained that a diversion agreement, providing further immunity to Hunter Biden, is still binding and in effect. This diversion agreement allowed Hunter Biden to plead guilty to misdemeanor tax violations while expunging the felony gun violation from his record.

As Hunter Biden appeared in court on Tuesday, his attorney's announcement of their intention to file a motion to dismiss the case paralleled the president's son's plea of not guilty to the gun charges. CBS correspondent Catherine Herridge reported observing a sense of nervousness and apprehension from Hunter Biden during the proceedings.

Following the court hearing, Judge Burke released Hunter Biden under several conditions that seemingly match those outlined in the July plea deal. These conditions include abstaining from possessing a firearm, consuming alcohol, and using controlled substances.