Lawyers for Hunter Biden claimed in a late Sunday court filing that federal prosecutors reneged on a plea deal that would have resolved tax and firearms charges against the president’s son — but argued one of its provisions to grant him sweeping immunity had already been agreed to in open court.
Prosecutors from the office of Delaware US Attorney David Weiss stated in a July 26 hearing that the immunity provision was “valid” and “binding,” attorney Chris Clark argued in the three-page filing to US District Judge Maryellen Noreika.
The government also “proposed and largely dictated” the scope of the plea deal, including its immunity provision, Clark said. He noted both parties moved to settle the case in May with the understanding that it “would fully resolve the Government’s sprawling five-year investigation.”
Prosectors said on Friday that Hunter Biden would likely stand trial after negotiations broke down — and asked for the case to be dismissed so charges could be brought in another district, likely Washington DC or Southern California.
Noreika raised concerns during the July hearing over the tentative deal’s legality, as well as the scope of immunity it offered Hunter Biden.
President Joe Biden speaks during the White House Correspondents’ Association dinner at the Washington Hilton in Washington, on April 29, 2023. APUnder that proposed arrangement, Hunter Biden would have pleaded guilty to not paying taxes on millions of dollars in income earned in 2017 and 2018 and entered into a diversion agreement for illegally owning a firearm while using drugs, a felony.
The agreement included a pledge to not prosecute the first son for past crimes if he abided by several probationary measures such as drug tests.
High-profile DC attorney Abbe Lowell, who joined Hunter’s defense team on Sunday, said in an interview that Weiss’ office had not mentioned the threat of future charges before last month’s court hearing.
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“What group of experienced defense lawyers would allow their client to plead guilty to a misdemeanor on a Monday keeping in mind that they knew that there could be a felony charge on a Wednesday?” Lowell said on CBS’s “Face the Nation.”
He also dismissed the likelihood of further charges being brought — despite Special Assistant US Attorney Leo Wise saying in the hearing that Foreign Agent Registration Act (FARA) violations were being investigated.
Lowell over the past decade helped win acquittals in federal corruption cases involving Sen. Bob Menendez (D-NJ) and former Democratic vice presidential candidate and US senator John Edwards.
The case has become a political lightning rod as Republicans in Congress raise the possibility of impeaching Biden over his son’s business dealings and accuse the Department of Justice of giving him a “sweetheart deal.”
On Friday, Attorney General Merrick Garland elevated Weiss to be a special counsel in the case, giving him additional authority to bring indictments, issue subpoenas and obtain search warrants as he pleases.
Republicans have objected to Weiss’ appointment, citing his role in the botched plea agreement and arguing the special counsel should come from outside government.
If the first son does go to trial, President Biden would be campaigning for re-election in November 2024, likely against former president Donald Trump, as his son faces criminal prosecution.
Meanwhile, Trump himself is due to face three sepearate criminal trials in Washington, Florida and Manhattan next year.
With Post wires
