Lawyers for Mr. Hunter Biden are pushing to keep part of a plea deal they reached with the prosecutor, whose new status as a special prosecutor intensified the investigation into possible tax-law violations by the son of Mr. Biden. President Biden before the 2024 election.
Mr. Hunter Biden’s lawyer argued in court documents late Sunday that a deal that spares him from prosecution on one count of gun violations is still in effect despite the plea deal on the tax charges. mostly broke down during a court appearance last month.
His lawyer argues that the Justice Department decided to unilaterally “withdraw” from the tax agreement. The plea deal also contains an immunity clause from federal prosecution for several other potential crimes.
Hunter Biden plans to abide by the terms of that agreement, including not using drugs and alcohol, attorney Christopher Clark says in court documents. He says prosecutors invited them to begin plea negotiations in May, “basically dictated” the language of the agreement and signed it, so they should also be bound by it.
It is not clear whether prosecutors agree that the part of the agreement on illegal possession of firearms will remain in effect. Federal Judge Maryellen Noreika ordered them to respond by Tuesday. The Justice Department did not immediately respond to a request for comment.
The two-part settlement on the tax and gun charges was thought to have largely concluded the long-running investigation overseen by Delaware District Attorney David Weiss. But the deal fell apart after a judge raised questions about its terms and appeared to have completely collapsed when prosecutors said the case was headed to trial, according to court documents filed Friday.
Prosecutors discovered the impasse as Attorney General Merrick Garland appointed Judge Weiss to the post of special prosecutor, a status that gives him broad powers to investigate and report his findings.
The government said plea negotiations had been suspended, asked to drop tax charges against Mr. Hunter Biden in Delaware and indicated that it could bring charges against him in another court, in Washington or California.