Special counsel denies Hunter Biden’s ‘misleading’ plea deal allegations.
Special Counsel Rejects Hunter Biden’s Defense Team Claims, Escalating Dispute
Special counsel David Weiss firmly dismissed the assertions made by Hunter Biden’s defense team on Tuesday regarding the implementation of a plea agreement, further intensifying the ongoing dispute in a case that may potentially go to trial.
Prosecutors representing Weiss stated in a court motion that the federal government did not “renege” on the plea deal, as inaccurately claimed by the Defendant in a court filing on Monday.
Unraveling of the Deal
The agreement between Weiss and Biden began to unravel during a hearing in July when U.S. District Judge Maryellen Noreika expressed concerns that it could prevent Biden from facing future charges, including violations of the Foreign Agents Registration Act.
The deal involved Biden pleading guilty to two misdemeanor tax charges and entering into a pretrial diversion agreement to avoid a felony gun charge.
Judge Noreika instructed both parties to revisit the agreement. However, last week, prosecutors revealed in a motion to vacate the order that they were at an impasse with Biden’s attorneys and could not reach an agreement on either a plea or diversion agreement.
In response, Biden’s attorneys argued that the diversion agreement had already taken effect on the day of the plea hearing, as it was signed by both parties.
Prosecutors countered by stating that since Biden pleaded not guilty at the hearing and the probation officer did not approve the diversion agreement, neither the plea deal nor the diversion agreement were active.
Furthermore, prosecutors highlighted that the judge had pointed out during the hearing that Biden’s guilty plea for the misdemeanors, had he followed through with it, would have been influenced by promises made outside of the plea agreement, specifically those outlined in the diversion agreement. This prevented the court from accepting the plea as “knowing and voluntary” according to its rules, prosecutors explained.
“This was a problem entirely of their own making,” prosecutors added.
They also accused Biden’s defense team of using “misleading” citations to present a hypothetical statement as a factual one.
Defense Team Shuffling and Possible Trial
The collapse of the plea deal coincides with Biden’s defense team undergoing changes as they prepare for a potential trial in either Washington, D.C., or California, where the alleged tax crimes took place.
Biden’s attorney, Chris Clark, filed a motion to withdraw from the case on Tuesday morning, citing the “witness-advocate” rule that prohibits him from representing Biden while also serving as a witness in a future trial that may now involve the defunct plea deal.
One day prior to Clark’s departure, Abbe Lowell, a seasoned attorney for prominent Democrats, joined the case.
During an appearance on Face the Nation on Sunday, Lowell expressed his belief that a trial for Biden was not inevitable and that he would strive to avoid one.
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