The lead criminal defense attorney for President Joe Biden's son, Hunter Biden, has asked to be pulled from the case because he may end up being called as a witness.
The lawyer, Christopher Clark, filed a motion for leave to withdraw as counsel for Mr. Biden on Aug. 15 in a Delaware court, where the president's son faces tax fraud and felony gun possession charges.
The reason Mr. Clark wishes to withdraw relates to a possible legal challenge to Mr. Biden's plea deal and diversion agreement in the case, which fell apart last month when the judge objected to some of the terms.
“Based on recent developments, 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,” Mr. Biden’s lawyers said in the filing (pdf).
Mr. Biden has been charged with two misdemeanor crimes of failure to pay over $100,000 in taxes from over $1.5 million in income in 2017 and 2018. He also faces charges of possessing a firearm in 2018 as a drug user.
Under a plea deal announced in June by U.S. Attorney David Weiss, the president's son would plead guilty to the two tax fraud misdemeanors and enter a separate diversion agreement that would clear him of the felony gun charge that normally carries a maximum sentence of 10 years in prison.
But the overall plea and diversion scheme, which Republicans panned as a sweetheart deal owing to the defendant's close ties to the president, raised the ire of the judge in the case, U.S. District Judge Maryellen Noreika.
The judge said at a July 26 hearing that she was concerned about the structure of the plan, including her role in it and the way it linked tax crimes to resolving felony gun charges. One of the objections she raised was that the diversion agreement seemed too broad in scope and left her largely out of the process, while calling the overall deal "confusing," "atypical," and "unprecedented."
“It seems to me like you are saying ‘just rubber stamp the agreement, Your Honor.’ … This seems to me to be form over substance,” she said during the hearing, during which it was revealed that the deal would grant the president's son extensive immunity.
One of the deal's objectionable aspects was that it appeared to be so broad as to include an agreement not to prosecute Mr. Biden for crimes in unrelated cases.
"Have you ever seen a diversion agreement where the agreement not to prosecute is so broad that it encompasses crimes in a different case?" the judge asked prosecutors.
Leo Wise, one of the prosecutors, responded, "No."
Judge Noreika's objections to the agreement sparked tense in-court deliberations between prosecutors and the defense team, prompting the president's son to enter a plea of not guilty.
Since the deal was scrapped, prosecutors said that the two parties tried negotiating an updated agreement, but hit an impasse. Prosecutors have said they believe the case will go to trial.
Attorney General Merrick Garland would later announce that Mr. Weiss had been elevated to the role of special counsel in the case.
Mr. Weiss was asked in February 2021 to lead the Department of Justice (DOJ) investigation into Mr. Biden, which ultimately led to the filing of tax and gun charges.
In April, Mr. Garland told Congress that Mr. Weiss was in charge of the investigation into the president's son and pledged that there would not be any political interference in the probe.
However, two IRS whistleblowers accused the DOJ of obstructing the tax probe of the president's son, in part by limiting the authority of Mr. Weiss to prosecute Mr. Biden.
The DOJ did not respond to a request for comment on allegations of obstruction.
One of the whistleblowers, IRS special agent Joseph Ziegler, alleged "deficient investigative steps and improper decisions" in the investigation and called for the appointment of a special counsel.
In announcing the appointment of Mr. Weiss as special counsel in the case, Mr. Garland said it came at Mr. Weiss's request while also citing the "extraordinary circumstances relating to this matter."
Mr. Garland added that the appointment confirmed his commitment to providing Mr. Weiss with the necessary resources for his investigation, and “also reaffirms that Mr. Weiss has the authority he needs to conduct a thorough investigation and to continue to take the steps he deems appropriate independently based only on the facts and the law.”
Mr. Weiss will retain his position as U.S. attorney in addition to his new role as special counsel.
House Republicans reacted to the appointment with skepticism, with Oversight Committee Chair James Comer (R-Ky.) calling it another “coverup” attempt by the DOJ to protect the Biden family.
“Let’s be clear what today’s move is really about. The Biden Justice Department is trying to stonewall congressional oversight as we have presented evidence to the American people about the Biden family’s corruption,” Mr. Comer said in a statement.