The criminal case against President Joe Biden's son Hunter Biden is heading to a trial after plea negotiations fell through, prosecutors said on Aug. 11.
"The Government now believes that the case will not resolve short of a trial," U.S. Attorney David Weiss, appointed under President Donald Trump, said in a filing.
An attorney for Mr. Biden did not immediately respond to a request for comment.
According to prosecutors, lawyers for the president's son were asked for his position on the request on Aug. 9, with a deadline of Aug. 11. The defendant requested more time to provide his position. The government declined, and has still not provided it, Mr. Weiss said.
Mr. Hunter Biden had agreed to plead guilty to two counts of intentionally not paying taxes, Mr. Weiss announced in June.
The deal also included a pretrial diversion agreement for a gun charge.
But during a hearing on the matter in July, the parties diverged on particulars and Mr. Hunter Biden pleaded guilty.
It was revealed during the hearing that Mr. Hunter Biden was poised to receive extensive immunity under the deal. Attorneys for the government and Mr. Hunter Biden could not cite precedent for the agreement under questioning from U.S. District Judge Maryellen Noreika.
In the new filing, Mr. Weiss asked Ms. Noreika, another appointee of Mr. Trump, to dismiss the case.
The dismissal would be without prejudice, enabling the charges to be brought in another district.
"Venue for these offenses does not lie in Delaware. Rather, venue for these offenses and any other related tax offenses lies either in the Central District of California or in the District of Columbia. The information was filed in this District because the parties had previously agreed that the Defendant would waive any challenge to venue and plead guilty in this District," Mr. Weiss said. "However, during the July 26, 2023, hearing that the Court set on this matter, the Defendant pled not guilty. Since that time, the parties have engaged in further plea negotiations but are at an impasse."
That's when prosecutors said the case is heading to a trial.
"And that trial cannot take place in this District because, as explained, venue does not lie here," they said.
If the request is granted, prosecutors said they may bring the same charges as before or different ones.