Join Fox News for access to this content
Plus special access to select articles and other premium content with your account - free of charge.
Please enter a valid email address.

An attorney for Hunter Biden is disputing a picture included in a Special Counsel Filing last week, saying it is not cocaine, as was previously described, but sawdust. 

The picture in question was among multiple photographs the president's son allegedly took of his drug abuse. The Justice Department included the photos in a court filing last week to prove Hunter Biden was addicted to drugs when he answered "No" to drug use on a gun application, which is a violation of federal law. 

photo exhibit in Hunter Biden case

Photos on Hunter Biden's iPhone showed images of cocaine, crack cocaine and drug paraphanelia. (Department of Justice)

Hunter Biden's lawyer said one of the photos was taken in the office of his then-psychiatrist, Dr. Keith Ablow. Ablow had received the picture, Biden's lawyer said, from a "master carpenter" who was a "coke addict." 

DOJ REVIEWING BIDEN, HUR INTERVIEW TO ID POTENTIAL CLASSIFIED INFORMATION IN RESPONSE TO HOUSE GOP DEMANDS

The message accompanying this photo, Biden's lawyer said in the court filing, was meant to convey to the younger Biden that he too "could overcome any addiction." 

Biden's lawyer called the prosecution "reckless" for "making such a hyperbolic and sensational claim in a public filing," saying the move would surely "prejudice Mr. Biden in the public eye." 

DOJ DEFENDS SPECIAL COUNSEL REPORT ON BIDEN'S MEMORY: ‘CONSISTENT WITH LEGAL REQUIREMENT,’ NOT ‘GRATUITOUS’

"Mistaking sawdust for cocaine sounds more like a storyline from one of the 1980s Police Academy comedies than what should be expected in a high-profile prosecution by the U.S. Department of Justice," Biden's lawyer stated in the court filing. 

Fox News Digital has reached out to the Justice Department for comment. 

Hunter on Capitol Hill

Hunter Biden, son of U.S. President Joe Biden, departs a House Oversight Committee meeting at Capitol Hill on January 10, 2024, in Washington, DC. (Kent Nishimura/Getty Images)

The president's son pleaded not guilty to federal gun charges in U.S. District Court for the District of Delaware in October, which accused him of lying about using drugs in October 2018 on a gun purchase form.

He previously acknowledged that he struggled with a crack cocaine addiction during a period in 2018, but his attorneys said he did not break the law. Hunter Biden has since said he has stopped using drugs and has been working to turn his life around. 

Later Tuesday, Hunter Biden filed a motion in a Los Angeles court to dismiss tax charges against him. In court filings, Biden argued has immunity from prosecution based on now-scuttled diversion agreement. 

He argued that David Weiss was unlawfully appointed Special Counsel, funding was not appropriated by Congress, subjected him to "selective and vindictive prosecution, and that the IRS was committing "outrageous conduct." 

CLICK HERE TO GET THE FOX NEWS APP

Tuesday's court filing comes after Special Counsel David Weiss charged an FBI informant with giving false information after he alleged that Joe Biden and his son were paid millions in exchange for their help firing the Ukrainian prosecutor who was investigating the Ukrainian energy firm Burisma Holdings. 

Fox News’ David Spunt and Sarah Rumpf-Whitten contributed to this report.