Hunter Biden is making every attempt possible to have three criminal charges related to his 2018 purchase of a handgun thrown out by a federal judge at Delaware, going so far as to make the grandiose argument that he — like the murdered Romanov children during the Russian Revolution and the infant son of Prince Hector, who was thrown over the walls of Troy — is guilty only of being the child of a prominent political figure.

In a series of motions to dismiss the gun charges brought against Mr. Biden, his attorney, Abbe Lowell, argues that Special Counsel David Weiss has it out for the first son and is doing the bidding of the GOP.  

“To be sure, children of politically powerful individuals enjoy great privilege, but they often become the targets of animus for that very reason,” Mr. Lowell writes in one court filing. “History is replete with children of political figures being abducted and assassinated literally (e.g., murder of Romanov children by Russian revolutionaries) or figuratively (e.g., Odysseus murdering the son of Crown Prince Hector when sacking Troy). Regrettably, political attacks on the children of politicians to harm or influence their parents are not uncommon in America either.”

In that motion to dismiss the charges — which is just one of three filed by Mr. Lowell in recent days — Mr. Biden fils’ attorneys argue that the first son is a victim of “selective and vindictive prosecution” and that the special counsel has violated the “separation of powers.”

Mr. Weiss is nothing more than a tool of President Trump and “Republican extremists,” Mr. Lowell argues. Only after the public outcry from the GOP that Mr. Biden was receiving a “sweetheart plea deal” last year — which would have allowed the first son to avoid jail time but was later tossed aside by a federal judge — did Mr. Weiss seek criminal prosecution for the gun charges, as well as, in a separate prosecution, tax evasion. The plea deal that was struck, Mr. Lowell says, was a fair and equitable agreement that Mr. Weiss accepted before bending to outside pressure at the 11th hour. 

“The prosecution blew up that deal and now has brought felony charges against Mr. Biden both here in Delaware and in California and is seeking a heavy prison sentence for charges the prosecution was willing to resolve for probation just months ago,” Mr. Lowell says, referring to the Delaware gun charges and the nine charges filed in California related to Mr. Biden’s alleged evasion of taxes on millions of dollars in income he made from foreign entities by trading on his father’s name.  

The plea deal gave Mr. Biden the opportunity to enter a diversion program for the gun violations, which would have kept him on probation for two years and barred him from ever owning a firearm again. 

“The prosecution agreed that probation was the appropriate outcome,” Mr. Weiss said of that deal. “The prosecution’s understanding of the facts and its belief that it had overwhelming evidence against Mr. Biden did not change, the only thing that did change was that Republican criticism of the deal the prosecutors struck escalated, and the prosecution caved under political pressure.”

In a separate motion, Mr. Lowell demands the prosecution turn over some evidence it gathered in its years-long investigation into Mr. Biden. The defense attorney casts doubt on the prosecution’s claim that Mr. Biden’s gun pouch contained cocaine residue. Mr. Biden admitted in his memoir that he was addicted to cocaine, crack, and alcohol when he purchased the weapon. 

“The prosecution’s opposition briefs reveal some new evidentiary issues,” Mr. Lowell writes, such as “testing a leather pouch for cocaine residue in October 2023 that it had in its possession for five years.” Mr. Lowell then writes that “Mr. Biden will expeditiously file a motion to suppress improperly gathered evidence.”

Another argument Mr. Lowell deploys in his move to dismiss all charges is that Mr. Weiss was “unlawfully” appointed by Attorney General Garland. 

“Mr. Weiss cannot decide whether he wants the Court to view him as a Special Counsel under Department of Justice regulations or as a Special Counsel who somehow exists despite those regulations,” Mr. Lowell says, referring to Mr. Weiss’s concurrent position as Delaware’s United States attorney. 

DOJ “regulations require that ‘[t]he Special Counsel shall be selected from outside the United States Government,’” Mr. Lowell writes. “The truth … is that DOJ’s regulations flatly preclude Mr. Weiss from being appointed a Special Counsel, and his DOJ insider status prevents him from using an appropriation for counsel who are ‘independent’ of DOJ.”

In his final dismissal argument, Mr. Lowell argues that Mr. Biden’s purchase of a firearm, regardless of his substance abuse issues or his subsequent lying on a federal form to obtain the weapon, may be permissible under the Second Amendment. 

The Delaware judge should stop the gun prosecution in its tracks “until the Supreme Court clarifies its view of the Second Amendment,” Mr. Lowell argues. In its 2022 landmark decision, New York State Pistol and Rifle Association v. Bruen, the Supreme Court held that all firearms regulations must be “consistent” with the nation’s history of regulating such weapons. 

This term, the court will hear arguments in United States v. Rahimi, which deals with the prosecution of a disreputable man with a long criminal record who had in his possession a number of firearms while under a restraining order — which was a criminal offense until the Fifth Circuit Court of Appeals held that the man, Zackey Rahimi, had his Second Amendment rights violated. 

The Supreme Court’s decision in Rahimi will affect the constitutionality of the gun charges levied against Mr. Biden, his attorney argues. 

Mr. Biden remains under active investigation by Mr. Weiss, who may yet charge him with violations of the Foreign Agent Registration Act linked to his work with clients in Communist China, Ukraine, and other countries. The president’s son has also agreed to give a closed-door, sworn deposition next month to House impeachment investigators probing his father’s role in his business affairs.