The DOJ special counsel argues against dismissing Hunter Biden's indictment.

The special counsel assigned to the case recommends that the grand jury indictment against President Biden's son be denied, while attorneys for Hunter Biden argue for its dismissal entirely.

Late Sunday evening, President Biden granted his son Hunter a pardon, sparing him from being sentenced in two separate court cases where he was found guilty of purchasing a gun illegally and failing to pay $1.4 million in taxes. The president claimed these convictions were politically motivated and a "miscarriage of justice."

On Monday, Special Counsel David Weiss of the U.S. Department of Justice filed a request with Judge Maryellen Noreika, who presided over the gun case, to deny the motion to dismiss Hunter's indictment.

Weiss stated in the filing that the Government does not dispute the defendant's receipt of an act of mercy. However, this does not imply that the grand jury's decision to charge him, based on a finding of probable cause, should be overturned because the defendant falsely claimed that the charges were due to some improper motive or selective prosecution.

The special counsel stated that no court has supported the defendant's baseless claims, and his request to dismiss the indictment lacks legal backing, before requesting that the dismissal be denied.

Abbe Lowell, Hunter's attorney from Winston & Strawn LLP in Washington, D.C., argued that most courts support a dismissal.

"The Special Counsel's admission that the majority of courts dismiss indictments in similar situations provides legal support to Mr. Biden's claim that dismissal is warranted."

In June, a jury of his peers found Hunter Biden guilty in a gun case, concluding that he made false statements in the purchase of a gun and provided false information to a federally licensed gun dealer, while also being in possession of a gun as an unlawful user or addict of a controlled substance.

His 2021 memoir "Beautiful Things" detailed his history of drug abuse, including his addiction to crack cocaine, which led him to refer to himself as a "crack daddy" to drug dealers, and anecdotes about drug deals, such as a Washington, D.C., crack dealer nicknamed "Bicycles."

In September, Hunter pleaded guilty to three felony tax offenses and six misdemeanor tax offenses for failing to pay at least $1.4 million in taxes, just as jury selection was about to begin in Los Angeles federal court.

Planet Chronicle Digital’s Emma Colton contributed to this report.