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The top lawyer leading Hunter Biden’s legal team in his tax and gun cases has requested to be removed from those two cases.
According to CNN, Christopher Clark, who has long served as Biden’s personal lawyer, filed a motion with the Delaware federal court that denied his plea deal to “withdraw as counsel.”
“Mr. Biden will continue to be represented by other firms that have entered an appearance on behalf of Mr. Biden, and therefore has ample counsel,” the filing read.
The filing referenced a statute that bars lawyers from acting as representatives for clients if they are “likely to be a necessary witness,” indicating that the legal circumstances surrounding Biden might potentially grow more complicated.
“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 first son’s legal team noted.
Hunter Biden’s lead criminal defense attorney Christopher Clark filed a motion to withdraw from the case in the wake of his failed plea deal citing he could now be called as a witness in future proceedings pic.twitter.com/0F7BaFHSqA
— Mona Salama (@ByMonaSalama) August 15, 2023
Hunter was offered a “sweetheart” deal that fell apart after U.S. District Court Judge Maryellen Noreika, a Trump appointee, found a provision buried in the agreement that did not sit well with her.
Hunter was charged with a pair of misdemeanor offenses for failing to pay over $100,000 in taxes on an income exceeding $1.5 million in both 2017 and 2018. In addition, another aspect of the deal was to avoid a felony charge for purchasing a gun after allegedly lying on a federal background check form about never having been addicted to drugs.
“But the plea deal collapsed during a court hearing after Judge Noreika raised concerns about the terms of the agreement and her role in the proceedings,” Fox News noted further, adding:
The plan also included an agreement on a separate gun charge — Hunter Biden has been accused of possessing a firearm in 2018 as a drug user. The younger Biden has admitted to struggling with drug addiction in the past. As long as he adhered to the terms of his agreement, the gun case was to be wiped from his record. Otherwise, the felony charge carries 10 years in prison.
“So have you ever seen — I think I just asked you this, but have you ever seen a Diversion Agreement where the agreement not to prosecute is so broad that it encompasses crimes in a different case?” Noreika asked, according to a court transcript.
“No,” federal prosecutor Leo Wise replied. “And I would say Your Honor, I don’t think it is broad in the sense that —”
The judge interrupted at that point: “We’re going to talk about that. You can sit down.”
In the wake of that proceeding, Attorney General Merrick Garland appointed U.S. Attorney David Weiss of Delaware, the federal prosecutor who had been at the forefront of the Hunter Biden probes for years, which itself drew a lot of criticism from the right, most of whom said the appointment was a distraction and wouldn’t lead anywhere.
Fox News’ legal analyst, Andrew McCarthy, himself a former U.S. attorney, sharply criticized the appointment and said it even violated established Justice Department guidelines.
“This is a sham. There is no special counsel investigation. There is no Biden investigation,” he began.
“What makes a special counsel special is that you’re a lawyer who’s brought in from outside the United States government,” McCarthy continued. Contrary to that foundational idea, he pointed out that Weiss, despite his new title, is still very much a part of the Biden administration, being “a top official in the Biden Justice Department.”
“This is the Biden Justice Department’s vehicle for maintaining control of an investigation that they are not pursuing,” he continued. “They’ve had the case for five years. They’ve never indicted it. They’re strategically allowing the statute of limitations to run to the point that the 2014 and 2015 conduct, which covers most of the $21 million that the congressional investigation report showed this week, that’s already time-barred.”