After Hunter Biden’s plea deal on two tax charges fell apart last month, it increasingly looks like President Joe Biden’s troubled son would face a very public trial.
However, on Monday, lawyers for the younger Biden argued in a new court filing that part of their failed plea deal with federal prosecutors should still stand, The Washington Post first reported.
More Biden Drama
The legal beagles have argued that the judge’s approval was never needed to handle a firearms possession charge through a diversion program. Moreover, the lawyers have suggested that prosecutors have reneged on the terms of the plea deal that was struck in June – the deal has since collapsed.
The paper of record noted that “Diversion deals are typically used in cases involving nonviolent defendants with substance abuse problems. But unlike guilty pleas, a diversion deal is struck solely between prosecutors and a defendant and does not require a judge’s approval.”
In a new court filing, Biden lawyer Christopher Clark wrote that his client “intends to abide by the terms of the Diversion Agreement that was executed at the July 26 hearing by the Defendant, his counsel, and the United States,” and further noted, “The parties have a valid and binding bilateral Diversion Agreement.
Critics of Biden have suggested the diversion agreement is still tied to the criminal charges related to his failure to pay his taxes.
Not a Done Deal for Hunter Biden
Abbe Lowell, Hunter Biden’s attorney said in an interview with CBS’ “Face the Nation” on Sunday that there are a number of possibilities for what derailed the plea deal.
“One, they wrote something and weren’t clear what they meant; two, they knew what they meant and misstated it to counsel; or, third, they changed their view as they were standing in court in Delaware,” Lowell suggested. “One of the possibilities is the prosecutor stood up and decided for lots of reasons that might be apparent to the viewer, they didn’t like what people were saying about the deal they approved.”
Special Counsel Named
Last week, U.S. Attorney General Merrick Garland announced that Delaware U.S. Attorney David Weiss would serve as a special counsel and would continue to oversee the case against Hunter Biden.
On Friday, Delaware federal prosecutors also suggested that Hunter Biden may be headed for a criminal trial, as U.S. District Judge Maryellen Noreika rejected that proposed plea deal in July, raising concerns over its legality and the scope of immunity it offered Hunter Biden.
It has been suggested that the appointment of a special counsel to investigate the president’s son, which Garland had long resisted, would allow Weiss to file charges outside Delaware. Prosecutors had also signaled that there could be additional charges filed against Hunter Biden and that they could further refile their case in California and Washington, D.C., where the younger Biden has lived.
New Evidence?
Lowell also suggested that it isn’t likely that Weiss will discover anything new – even as the investigation may continue.
“I’m confident that if this prosecutor has done what has been done for the last five years, then the only conclusion can be what the conclusion was on July 26th,” added Lowell. “There’s no new evidence to be found.”
The case had already become something of a political lightning rod, as Republican lawmakers had accused the Department of Justice (DoJ) of giving the president’s son a “sweetheart deal.” In addition, an investigation into Hunter Biden’s business dealings, and if President Joe Biden may have had any involvement while serving as vice president, continues
Yet, Lowell said that the investigation is unlikely to reveal anything new.
“People should keep in mind that while Mr. Weiss’ title changed last week, he’s the same person he’s been for the last five years,” Lowell suggested. “He’s a Republican U.S. attorney appointed by a Republican president and attorney general who had career prosecutors working this case for five years looking at every transaction that Hunter was involved in. … if anything changes from his conclusion, which was two tax misdemeanors and a diverted gun charge, the question should be asked, what infected the process that was not the facts in the law?”
Hunter’s Day in Court?
Regardless of whether Weiss discovers anything, it is still entirely possible that if the case goes to trial, President Biden will be campaigning for reelection even as Hunter Biden faces criminal prosecution.
Of course, as it currently stands, Biden could see a rematch with former President Donald Trump – who remains the GOP’s frontrunner, and who has his own legal woes to deal with. Trump was indicted in New York earlier this year for trying to conceal a hush-money payment to adult film actress Stormy Daniels; while he could be indicted as early this week in Georgia for attempting to overturn the 2020 election results.
In addition, Trump faces federal charges in Florida and Washington, D.C. that are also related to the 2020 election and for retaining/mishandling classified documents after leaving the White House.
Of course, the court of public opinion may truly matter to both Biden and Trump if a presidential rematch does occur next year.
Author Experience and Expertise
A Senior Editor for 19FortyFive, Peter Suciu is a Michigan-based writer. He has contributed to more than four dozen magazines, newspapers, and websites with over 3,200 published pieces over a twenty-year career in journalism. He regularly writes about military hardware, firearms history, cybersecurity, politics, and international affairs. Peter is also a Contributing Writer for Forbes and Clearance Jobs. You can follow him on Twitter: @PeterSuciu.
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