Hunter Biden’s lawyers have stated that they believe their agreement with the Justice Department to resolve a felony gun charge is still valid and binding, although it is uncertain if the newly appointed special counsel agrees with their interpretation. The filing comes after David Weiss, the Trump-appointed US attorney investigating President Joe Biden’s son, was granted special counsel status following a breakdown in plea talks to resolve tax and gun charges.
By appointing Weiss as a special counsel, Attorney General Merrick Garland has given him more powers and further independence from the Justice Department for a potential trial against the president’s son. Republicans have claimed that the department is politicized.
The parties had previously struck two deals in a sprawling Justice Department investigation. The first deal involved Hunter Biden pleading guilty to two federal tax misdemeanors, and the second deal was a diversion agreement where prosecutors would drop a felony gun charge in two years if Biden passed drug tests and stayed out of legal trouble.
The probe appeared to be concluded when a plea deal was announced in June, but it fell apart in court under scrutiny from the federal judge overseeing the case. The negotiations collapsed last week.
Biden’s lawyers argued in the filing that Weiss decided to retract the previously agreed-upon plea agreement after negotiations failed earlier in the week. However, they believe that the gun deal was executed and fully signed by both parties and presented to a federal judge at a court hearing in Delaware. They maintain that the gun deal is a valid and binding bilateral diversion agreement, and Biden intends to abide by its terms.
The lawyers also asserted that it was the prosecutors, not them, who crafted the two agreements that Judge Maryellen Noreika rejected last month.
A lawyer for Biden said that a trial is not inevitable, and there could still be a resolution short of prosecution. The blame for the deal falling through was placed on federal prosecutors.
The gun charge against Hunter Biden revolves around a firearm he purchased in 2018, where he lied on a federal form about his drug use. The tax offenses relate to Biden missing IRS deadlines to pay his taxes on time, although he eventually settled his debts.
Republicans, including House Speaker Kevin McCarthy, criticized Garland’s decision to grant Weiss special counsel status and pledged to continue their own investigations. On the other hand, a Democrat on the Oversight Committee stated that if Hunter Biden has committed crimes, he should be charged and held accountable.
The ongoing investigation of the president’s son by a Trump-appointed US attorney highlights the independence of the Department of Justice. However, critics argue that the immediate family of a president should not be allowed to be lobbyists or consultants while their relative is in office.