CNN legal analyst Karen Friedman Agnifilo suggested on Thursday’s episode of “Anderson Cooper 360” that the recent indictment against Hunter Biden may violate his constitutional rights.
Agnifilo argued that time was a significant factor in deciding to levy the indictment on gun charges against Biden.
“I think they had to bring this case because the statute of limitations was running, and when the deal fell apart, it was either you walk away from it or you bring the case in order to preserve the status quo,” Agnifilo said. (RELATED: Biden-Appointed Prosecutors Did Not Cooperate In Hunter Biden Case, FBI Agent Testifies)
Agnifilo cast doubts over whether the charges against the president’s son will actually amount to anything, claiming that there might be constitutional roadblocks ahead.
“I do think there will be some significant legal hurdles that they face by making the decision to bring this case, however, there’s a real constitutional question about whether these charges can stick,” Agnifilo claimed.
The CNN legal analyst then claimed that Hunter Biden’s indictment may be interpreted by some courts as a violation of his Second Amendment right to carry a firearm.
“There’s at least one, potentially two, appellate courts that aren’t binding on Delaware, but that have already ruled this infringes on Second Amendment rights. And the Supreme Court has been – has been saying some restrictions like this are potentially unconstitutional, different restrictions but restrictions on the Second Amendment nonetheless,” she added.
Agnifilo added that the prosecution has an uphill battle to prove that Hunter Biden abused illicit substances during the time period referenced in the indictment.
“So I think there are some legal hurdles that this will face and I think some factual hurdles as well. I mean the prosecution still has to prove this case beyond a reasonable doubt, and that’ll have to include, for example, that he was an addict at the time or that he was using drugs, you know, narcotics, controlled substance, all the items that are listed on that form during those 11 days or at the time of those 11 days. And I think it’s going to be hard to prove that, that he was addicted to those types of drugs,” she continued.
Hunter Biden was indicted on three gun charges in Delaware on Thursday. Biden faces a potential sentence of 10 years for the first and third offenses, with the second offense potentially holding five years. In July, Biden’s expected plea deal fell apart. On Tuesday, Speaker of the House Kevin McCarthy announced that the Republican Party will move forward with an impeachment inquiry into President Joe Biden.