President Joe Biden may need to testify in his son’s criminal case, despite efforts from his son’s attorney to avoid a potential “Constitutional crisis.”
Revealed correspondence between Hunter Biden’s lawyer Chris Clark and now-Special Counsel David Weiss painted an ironic image.
Clark’s efforts to avoid a high-profile trial, in which the President would be a “fact witness” for the defense, spark a direct comparison to allegations that Hunter used his father’s name and position to secure foreign business contracts.
Nowadays, his attorneys are seemingly seeking to use “the brand” to avoid a criminal trial.
New Correspondence Revealed
Emails between federal prosecutors and Clark were released into the public domain over the weekend. Correspondence from last fall, when reports emerged that Hunter may be facing charges, revealed the efforts by his lawyer to avoid a criminal case.
“President Biden now unquestionably would be a fact witness for the defense in any criminal trial,” Clark wrote to David Weiss who was then the U.S. attorney for Delaware. “This of all cases justifies neither the spectacle of a sitting President testifying at a criminal trial nor the potential for a resulting Constitutional crisis.”
Political pressure on Weiss seemed to continue as Biden’s supporters sought to avoid a serious legal case. Clark reportedly “sought meetings with people at the highest levels of the Justice Department,” according to Politico. These included the head of the Criminal Division, the head of the Tax Division, the Office of Legal Counsel, the Office of the Solicitor General, Deputy Attorney General Lisa Monaco, and Attorney General Merrick Garland. All attempts were unsuccessful.
The Failed Plea Agreement
Last month, Delaware District Judge Maryellen Noreika threw out a plea agreement between the Department of Justice and Hunter Biden. Branded as a sweetheart deal by Republicans, Biden would have pleaded guilty to two tax misdemeanors in exchange for a separate gun charge against him being dropped.
After Clark secured a meeting with the Department of Justice on April 26, 2023, Hunter’s attorneys began to work on a plea agreement. As part of the initial draft, the first son would admit wrongdoing but not face formal charges on the understanding that he would pay any uncollected taxes as well as file his returns in a timely manner going forward.
However, after IRS whistleblower Gary Shapley said the Department of Justice had “slow walked” the investigation, the prosecution’s stance changed. The deal was amended so that Hunter would plead guilty to the tax charges amid growing pressure on the political nature of such an investigation.
With the plea agreement in tatters, the question remains over whether Clark will follow through on his threat to call the President as a witness. Hunter is facing a criminal trial after negotiations reached an impasse, although no date has yet been set.
Nevertheless, it raises the unique prospect of both the Republican and Democrat nominees appearing in court during an election year, albeit for very different reasons.
Shay Bottomley is a British journalist based in Canada. He has written for the Western Standard, Maidenhead Advertiser, Slough Express, Windsor Express, Berkshire Live and Southend Echo, and has covered notable events including the Queen’s Platinum Jubilee.
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