A letter from Hunter Biden’s lawyer, Chris Clark, in October 2022 revealed that if the Department of Justice (DOJ) brought charges against his client for possession of a firearm while a drug user, President Biden would have to testify in the case.

“President Biden now unquestionably would be a fact witness for the defense in any criminal trial,” the legal representative wrote in a 32-page letter obtained by Politico.

Clark’s comments were in response to a leak from the Washington Post, which reported that federal investigators believed there was “sufficient evidence to charge him [Hunter] with tax crimes and a false statement related to a gun purchase.”

However, Clark’s growing concerns over the politicization of the investigation into Hunter — specifically former president Donald Trump and Senator Chuck Grassley (R., Iowa) — could create a “create political and constitutional chaos by pitting the president himself against his own Justice Department,” Politico noted in its description of the documents.

“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,” the lawyer wrote at the time.

On Tuesday, Clark — who has previously represented business titans including Mark Cuban and Elon Musk – withdrew from representing the president’s son as prior plea deal negotiations with the DOJ broke down.

Under the initial agreement brokered by Clark with U.S. Attorney David Weiss, Hunter would plead guilty to misdemeanor tax charges and participate in a pre-trial diversion program to wipe the felony gun possession charge. Subsequently, Hunter was to receive broad immunity from future charges, including potential charges related to foreign influence peddling that congressional Republicans have alleged.

That deal fell apart in court when U.S. District Court judge Maryellen Noreika questioned the unprecedently broad immunity provided under the agreement.

“It appears that the negotiation and drafting of the plea agreement and diversion agreement will be contested, and Mr. Clark is a percipient witness to those issues,” a Biden official wrote in a court filing earlier this week. “It is inadvisable for Mr. Clark to continue as counsel in this case.”

On Friday, attorney general Merrick Garland announced David Weiss would serve as special counsel to oversee the “ongoing [federal] investigation” of Hunter Biden as well as “any other matters that arose or may arise from that investigation.”

Prominent Republican lawmakers have criticized the move, noting that Weiss initially assembled an accommodating plea deal.