Lawyers for first son Hunter Biden filed a motion with the court arguing that the grand jury indictment against President Biden’s son should be dismissed entirely, even though the special counsel in charge of the case says the dismissal should be denied.

President Biden pardoned his son Hunter late Sunday night, sparing him a conviction in two separate trials in which he was found guilty of illegal gun purchases and failing to pay $1.4 million in taxes – convictions that the President described it as politically motivated, a “miscarriage of justice.”

On Monday, Special Counsel David Weiss of the U.S. Department of Justice filed a motion with Judge Maryellen Noreika, who presided over the weapons case, to deny the motion to dismiss the charges against Hunter.

“The government does not dispute that the defendant was the recipient of an act of mercy,” Weiss said in the filing. “That does not mean that the grand jury’s decision to indict him, based on a finding of probable cause, should be overturned because the defendant falsely claimed that the indictment was the result of an improper motive or selective prosecution.”

SPECIAL ATTORNEY, IRS whistleblowers say: Don’t buy Biden’s ‘spin’ on Hunter Biden legal saga

President Biden and son Hunter Biden leave a bookstore while shopping in Nantucket, Massachusetts, on November 29, 2024. Biden issued an official pardon on Sunday for his son Hunter, who was facing conviction on two criminal charges related to tax evasion and the purchase of a firearm. (MANDEL NGAN/AFP via Getty Images)

“No court has agreed with the defendant in these baseless allegations, and his motion to dismiss the indictment finds no legal support,” the special counsel added before moving to dismiss the indictment.

In response to the motion, Hunter’s attorney, Abbe Lowell of the Washington, D.C.-based law firm Winston & Strawn LLP, argued that the majority of courts favor dismissal.

“The Special Counsel paradoxically asserts that Mr. Biden’s communication is ‘without any legal basis’ by suggesting that his pardon means that the court should dismiss the charges, while at the same time recognizing that ‘the majority of courts, when faced with it “With such a decision, we have decided to dismiss the charges,” the defense team wrote. “The special counsel’s admission that this is the practice of the ‘majority of courts’ certainly provides legal support for Mr. Biden’s claim that dismissal is warranted.”

As vice president, Joe Biden met with at least 14 of Hunter’s business colleagues

Hunter Biden, son of President Biden, follows his attorney Abbe Lowell on Capitol Hill on January 10, 2024 in Washington. (REUTERS/Kevin Lamarque)

Hunter Biden was found guilty in the gun case in June, with a jury of his peers finding that he made a false statement when purchasing a gun, making a false statement regarding information required to be maintained by a federally licensed gun dealer , and possession of a weapon by a person who illegally uses or is addicted to a controlled substance.

He has a well-documented history of drug abuse, most notably documented in his 2021 memoir “Beautiful Things,” in which he walked readers through his former need to smoke crack cocaine every 20 minutes and his addiction was so pronounced that he referred to himself as a “crack daddy” for drug dealers, and anecdotes surrounding drug deals, such as being a crack dealer Washington, DC, Hunter Biden, who goes by the nickname “Bicycles.”

CLICK HERE TO GET THE FOX NEWS APP

In the tax case, Hunter faced another trial on three tax offenses and six tax offenses for failure to pay taxes of at least $1.4 million. When jury selection was set to begin in Los Angeles federal court in September, Hunter made a surprise guilty plea.

Fox News Digital’s Emma Colton contributed to this report.