Following President Biden's pardon of his son Hunter, a legal battle has erupted over the dismissal of the grand jury indictment against him. Hunter Biden's legal team filed a motion arguing for complete dismissal, citing the pardon. However, Special Counsel David Weiss contends that the pardon doesn't invalidate the grand jury's decision based on probable cause.

Weiss, in his filing, acknowledged the pardon as an "act of mercy" but stressed that it shouldn't erase the grand jury's findings. He argued that Hunter Biden's claims of political motivation and selective prosecution are unfounded and unsupported by any court. He further emphasized the lack of legal basis for dismissing the indictment solely due to a pardon.

President Biden and son Hunter Biden in Nantucket, Massachusetts, on Nov. 29, 2024. (Mandel Ngan/AFP via Getty Images)

Conversely, Hunter Biden's attorney, Abbe Lowell, argued that the majority of courts favor dismissal in such cases. He pointed to the Special Counsel's own admission that most courts opt for dismissal after a pardon, asserting this as legal justification for their motion.

Hunter Biden with his attorney Abbe Lowell on Capitol Hill in Washington on Jan. 10, 2024. (Reuters/Kevin Lamarque)

The gun case, which concluded in June with a guilty verdict, involved charges of false statements during a gun purchase and possession of a firearm by a prohibited person due to drug addiction. Hunter Biden's struggles with substance abuse are well-documented, including details shared in his 2021 memoir. The tax case, involving charges related to unpaid taxes exceeding $1.4 million, saw a surprise guilty plea from Hunter Biden just as jury selection was set to begin.