Hunter Biden’s legal team is seeking to dismiss federal charges against him for allegedly lying about his drug use on a federal form when purchasing a handgun in 2018, claiming a months-old plea deal it made with the Department of Justice is still in effect.

Biden maintains that a sweetheart plea deal, which was thrown out by U.S. District Judge Maryellen Noreika in July, “remains in force,” his lawyer Abbe Lowell said in a Thursday filing. Biden is seeking to have the charges he was arraigned for this week thrown out.

The president’s son was charged with three counts surrounding the gun purchase. Under the original plea deal, Biden would have pleaded guilty to two separate misdemeanor tax crime charges and the federal government would have dropped the gun charges.