Hunter Biden, the son of President Joe Biden, arrived at Fort Lesley J. McNair in Washington, DC, on July 4, 2023. The federal prosecutors announced on Tuesday that the pretrial diversion deal they had offered to Hunter Biden on a felony gun charge did not go into effect, despite the claims made by his defense attorneys. Special Counsel David Weiss accused Hunter’s lawyers of mischaracterizing the collapse of the renewed plea negotiations. Last week, the negotiations fell apart after a judge raised concerns about the deals Weiss was proposing. One of Hunter’s lawyers requested permission to withdraw from the case, citing the likelihood of being a witness to the failed plea negotiations.
Initially, Weiss stated that he would not recommend jail time for Hunter if he pleaded guilty to failure to pay federal income taxes. Additionally, the prosecutor was willing to drop the felony firearm charge if Hunter abided by the conditions of the agreement over two years. However, Weiss clarified that neither proposed agreement took effect because Hunter pleaded not guilty during the hearing, and U.S. Probation declined to approve the proposed diversion agreement.
Following the plea hearing, both sides proposed agreements to address the judge’s concerns. However, the negotiations reached an impasse when Hunter’s lawyers rejected the counterproposals offered by the prosecutors. As a result, the government withdrew its proposed plea and diversion agreements.
Hunter’s attorney Chris Clark filed a withdrawal request based on the information that prosecutors would now oppose the diversion agreement and any other offers related to the tax crimes. Hunter’s lawyers argue that the diversion agreement is valid and binding, while the judge requested Weiss to respond to the filing.
Clark justified his withdrawal by citing Delaware Rule of Professional Conduct 3.7(a), which states that a lawyer should not act as an advocate in a trial where they are likely to be a necessary witness. Given the contested negotiation and drafting of the plea and diversion agreements, Clark felt it was inadvisable for him to continue as counsel. Nevertheless, Hunter will still be represented by other lawyers in the case.
During the court appearance on July 26, Hunter was prepared to plead guilty to failure to pay federal income taxes and sign a diversion agreement for the gun possession charge. However, the plan fell apart when the judge questioned the terms of the deal, specifically who would decide if Hunter was complying with the conditions of the diversion. Noreika gave both parties time to resolve the questions before reconvening. Ultimately, the talks failed, and Weiss requested to be appointed special counsel in the case, indicating the potential for additional charges against Hunter.
Attorney General Merrick Garland granted Weiss’s request, leading to speculation that Hunter may face trial in California or Washington, D.C., and could potentially face further charges. Despite the ongoing developments, Hunter’s legal team remains confident that he will find resolution and move on successfully.
The actions taken by Weiss have faced skepticism from Republicans, who initially sought his appointment as special counsel in the case. Republicans now claim that Weiss gave Hunter a favorable plea deal and cannot be trusted. It’s worth noting that Weiss was appointed U.S. Attorney by former President Donald Trump. Republicans also express concerns that Weiss’s new special counsel status could impede Republican-led House committees’ efforts to obtain documents and testimony related to Hunter Biden’s case.
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