In a surprising turn of events, as Attorney General Merrick Garland announced his decision, U.S. Attorney David Weiss sought to transfer the federal tax charges against Hunter Biden out of Delaware. Weiss claimed that negotiations for a plea deal had reached an “impasse” and that the case was now headed for trial.
Weiss, who was appointed by former President Donald Trump and serves as the U.S. attorney for Delaware, has the authority as a special counsel to bring criminal charges anywhere in the country. Garland had previously stated that Weiss already possessed this authority, but two IRS agents testified before Congress that Weiss was being prevented from bringing charges in different judicial districts. Weiss has disputed the agents’ accounts and pledged to testify before Congress himself.
These recent developments mark a significant escalation for a case that seemed to be nearing resolution just two months ago. In June, prosecutors and Biden’s lawyers outlined a plea deal in which Biden would plead guilty to misdemeanor tax charges and enter into a “pretrial diversion agreement” to resolve a felony gun charge, potentially avoiding prison time. As part of the deal, the Justice Department would grant Biden some level of immunity from further charges. At the time, Biden’s legal team indicated that they expected the agreement to bring an end to the lengthy criminal investigation.
However, during a hearing in July, the deal faced scrutiny from Judge Maryellen Noreika, who questioned its scope in protecting Biden from future criminal charges. When a prosecutor stated that the deal would not prevent potential charges related to lobbying, Biden’s lawyers threatened to withdraw from the agreement. By the end of the tumultuous hearing, it seemed that the deal was back on track, and the judge requested briefs on her discretion in approving the agreement.
Nevertheless, according to a new court filing from Weiss, the negotiations for the deal ultimately collapsed in the weeks that followed.
In a separate court filing, Weiss moved to dismiss the tax charges against Hunter Biden and potentially re-file them in a different venue such as Washington, D.C. or California, where Biden resided during the alleged failure to pay income tax in 2017 and 2018. This filing reiterated the Justice Department’s pessimism regarding the plea deal.
Additionally, the filing indicated that federal prosecutors may choose to bring the same charges or different ones, indicating the possibility of new criminal charges against the First Son that were not covered in the now-defunct plea deal.
Hunter Biden’s lawyer, Chris Clark, referred to these actions as “maneuverings” and expressed confidence in pursuing a fair resolution on behalf of his client.
The status of the pretrial diversion agreement, which appeared to guarantee Biden immunity from charges, is likely to be a point of contention moving forward in the proceedings.
Washington reels
These developments could mean that the legal issues surrounding the first son will continue well into the 2024 election season. This comes less than a month after a congressional hearing in which two IRS agents testified, claiming that Weiss had been hindered in the case and that they were blocked from investigating possible connections between President Joe Biden and his son’s alleged financial wrongdoing.
The appointment of Weiss faced criticism from House Republicans who conducted the hearing. Many Republicans in the House have long called for Weiss to be made a special counsel. However, their top House colleagues denounced Garland’s announcement as an attempt to obstruct justice, pointing to the nearly finalized deal between Weiss and Hunter Biden.
The White House declined to comment and referred questions to the Justice Department and Hunter Biden’s legal team.
Former President Trump and his campaign spokesperson, Steven Cheung, released a statement accusing the Bidens of corruption and selling out the country for personal financial gain.
Contributed by Kyle Cheney.
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