Prosecutors Refute Claims of Hunter Biden's Involvement in Resolving Felony Gun Charge

Federal Prosecutors Reject Claim of Pretrial Diversion Agreement for Hunter Biden

Federal prosecutors have rejected the claim made by Hunter Biden's lawyers that a pretrial diversion agreement on a felony firearm offense still stands despite the collapse of their plea deal. The agreement, which would have dropped the gun case against Biden if he met specific conditions, was stated by special counsel David Weiss and his team to have "never taken effect." This development comes from a filing made in Delaware's federal court on Tuesday.

In a recent filing, prosecutors clarified that the proposed diversion agreement involving Hunter Biden is not currently in effect. The agreement, which was developed alongside a plea deal for tax evasion charges, faced obstacles when a judge expressed concerns about a provision that could potentially grant Biden immunity from future prosecution.

Defense attorneys for Hunter Biden, son of President Joe Biden, have claimed that a diversion agreement was "executed" at a hearing in late July. They argue that although Hunter Biden decided to "renege" on a plea deal, he intended to abide by the terms of the agreement, which they consider to be "valid and binding."

The government has responded to a recent agreement in a court case, stating that the chief U.S. probation officer in Delaware did not approve the agreement at a hearing. The defendant had also filed a version of the agreement in August that did not have an approving signature from the official.

Prosecutors have stated that the diversion agreement, which was previously withdrawn, is no longer in effect. The agreement was related to a felony gun charge against Biden, who is accused of knowingly possessing a firearm while being an "unlawful" drug user in 2018. If convicted, he could potentially face up to 10 years in prison.

Appointment of Special Counsel and Plea Deal Negotiations

Delaware's U.S. attorney, David Weiss, has been appointed as a special counsel by Attorney General Merrick Garland. This new designation grants Weiss expanded powers to bring charges in districts beyond his own. The appointment comes after plea deal negotiations fell through.

In a recent development, Biden, aged 53, has pleaded not guilty to tax charges in Delaware. However, Weiss, the prosecutor, intends to move the case to trial in either Washington, D.C., or California. The charges against Biden involve alleged failure to pay taxes on over $1.5 million in income for the years 2017 and 2018. If convicted, each misdemeanor charge carries a maximum penalty of 12 months in prison.

Defense Team Motion and Criticism of Attorney

The defense team of a high-profile case has filed a motion for lead attorney Chris Clark to withdraw from the case. The motion cites a "witness-advocate" rule that could potentially complicate future legal proceedings. The defense anticipates that the negotiation and drafting of plea and diversion agreements will be contested, and Clark's involvement in those issues makes him a percipient witness. The filing states that Clark's withdrawal will not pose a significant hardship as there are other lawyers available to assist the defendant.

In a recent filing, prosecutors have criticized attorney Mark Clarke for making remarks during a hearing in July regarding a plea deal. They claim that Clarke and his client were both stating that the defendant was pleading guilty due to promises that were not included in the plea agreement. Prosecutors argue that this issue was caused by Clarke and his client, rather than any flaws in the drafting of the proposed plea or diversion agreements.