Prosecutors reject Hunter Biden’s alleged resolution of felony gun charge.
Federal Prosecutors Reject Claim that Hunter Biden’s Plea Deal Survived
Federal prosecutors have rejected a claim made by Hunter Biden’s lawyers that a pretrial diversion agreement on a felony firearm offense was still valid after their plea deal collapsed.
In a filing in Delaware’s federal court, special counsel David Weiss and his team stated that the agreement, which would have dropped the gun case against Biden if certain conditions were met, “never took effect.”
The diversion agreement was developed alongside a plea deal on tax evasion charges. However, the arrangement faced obstacles when concerns were raised about a provision that could have granted Biden immunity from future prosecution.
Biden’s defense attorneys claimed that the diversion agreement had been executed, but prosecutors countered by stating that it was never approved by the chief U.S. probation officer in Delaware and lacked an approving signature.
Prosecutors emphasized that the now-withdrawn diversion agreement was not in effect.
Felony Gun Charge and Tax Evasion Charges
The felony gun charge against Biden alleges that he knowingly possessed a firearm while being an “unlawful” drug user in 2018. If convicted, he could face up to 10 years in prison.
After the plea deal negotiations fell apart, Weiss was elevated to special counsel status, granting him broader authority to bring charges in districts outside of his own.
Biden pleaded not guilty to the tax charges in Delaware, but Weiss intends to move the case to trial in Washington, D.C., or California. Each misdemeanor charge for an alleged failure to pay taxes carries a maximum penalty of 12 months in prison.
Defense Motion and New Filing
On Tuesday, the defense filed a motion for lead attorney Chris Clark to withdraw from the case, citing a potential conflict of interest. The filing stated that Clark’s withdrawal would not cause substantial hardship as Biden has other lawyers to assist him.
The new filing from Weiss’s team addressed some of Clark’s remarks during the hearing where the plea deal hit an impasse. Prosecutors stated that Clark and Biden were both claiming promises that were not contained in the plea agreement, which they deemed as a problem of their own making.
Abbe Lowell, another lawyer hired by Biden, has filed to become an additional counsel in the criminal case.
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