WASHINGTON – Hunter Biden’s top criminal attorney has asked a federal judge in Delaware to allow him to withdraw as Biden’s counsel, saying he could become a witness to the case following the collapse of a plea agreement he had negotiated with prosecutors.
Attorney Christopher Clark filed a motion on Tuesday asking to step down from the case, citing questions about Biden’s now-defunct plea agreement on tax charges and a diversion agreement on a gun-possession offense.
“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,” the motion said.
Biden will continue to be represented by other attorneys, including Abbe Lowell, who appeared on Sunday talk shows last weekend to talk about the naming of the special counsel in the investigation. Attorney General Merrick Garland gave special counsel status to U.S. Attorney David Weiss, the Delaware prosecutor who has overseen the five-year investigation of President Joe Biden’s youngest son.
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Clark’s motion to withdraw comes after the plea agreement collapsed last month.
U.S. District Court Judge Maryellen Noreika rejected the plea deal between Hunter Biden and prosecutors during a July 26 hearing. Noreika raised concerns about the terms of the agreement, including disagreements over assurances Hunter Biden’s legal team sought for immunity from any future criminal charges related to the case.
Biden agreed in June to plead guilty to two misdemeanor charges of tax evasion in exchange for prosecutors recommending that he receive probation instead of jail time. The deal also called for Biden to participate in a pretrial program for a gun possession offense.
After the judge refused to accept the plea agreement, Biden pleaded not guilty to failing to pay more than $100,000 in taxes on $1.5 million in taxable income he made in 2017 and 2018. He faces a separate charge for possessing a firearm in 2018 as a drug user.
In a court filing Sunday, Biden’s attorneys accused prosecutors of reneging on the agreement. Prosecutors say they never reneged on the deal and argue the plea and diversion agreements hadn’t taken effect and therefore weren’t binding on either party.
Michael Collins and Joey Garrison cover the White House. Follow Collins on the social platform X, formerly Twitter, @mcollinsNEWS. Follow Garrison @joeygarison.
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