Former federal prosecutor Francey Hakes told Newsmax Friday that she has questions about whether the diversion agreement Hunter Biden had originally reached regarding the gun charges he was indicted on earlier this week constitutes a contract.
"What I think is actually a more interesting issue or a more significant issue is whether or not the nonprosecution or diversion agreement here is a contract and whether or not Justice Department can actually proceed with a trial," Hakes said during an appearance on Newsmax's "The Record With Greta Van Susteren."
"Although I disagree ... that it's politics here that blew up that agreement. It's actually the judge who blew up the plea agreement because it didn't look like anything she'd ever seen before."
Hunter Biden faces charges of three criminal counts related to making false statements in connection with the purchase of a gun and illegal possession of the gun while he was an illicit drug user.
Filed Thursday in the U.S. District Court in Delaware, the indictment dates to October 2018, when President Joe Biden's son bought a Colt Cobra 38SPL. He later admitted he was addicted to illegal drugs at that time.
On Friday, Abbe Lowell, Hunter Biden's attorney, claimed on ABC's "Good Morning America" that the diversion agreement that his client had previously reached remains in effect.
Hakes said that Lowell could also argue that the gun charges stem from an unconstitutional federal firearms statute.
"There have been some courts saying that this particular provision of federal gun law is unconstitutional, so they're certainly going to have a constitutional challenge to it at some point, if there is a conviction," she said.
In his "Good Morning America" appearance, Lowell cited a recent appeals court decision to back up his assertion that the gun charges are unconstitutional.
He also would not answer a direct question from GMA co-anchor George Stephanopoulos about whether Hunter Biden had been using drugs when he purchased the firearm, which is one of the charges named in the indictment.
Host Greta Van Susteren pointed out that the law could be unconstitutional; however, that doesn't give Hunter Biden the right to falsely sign the form to buy a gun.
"The false statements charge is separate," Hakes said. "I think it would violate the spirit of it if the other ones held unconstitutional because it would effectively not matter if he's a drug user. He'd have the right to have a gun.
"But you're right. He still potentially committed the offense of what we would call lying and buying, where he lied on the form and bought the gun only because of that lie."
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Nicole Weatherholtz ✉
Nicole Weatherholtz, a Newsmax general assignment reporter covers news, politics, and culture. She is a National Newspaper Association award-winning journalist.
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