Court Fight Leaves Hunter Biden in Deeper Legal Jeopardy

WASHINGTON—The court fight over Hunter Biden’s botched plea deal intensified Tuesday as prosecutors blamed the implosion on defense missteps and a lawyer for the president’s son stepped down, saying he would testify as a witness in future battles over the now-defunct agreement.

The outcome of the dueling filings appeared to increase Hunter Biden’s legal jeopardy. They came as both sides tried to move forward after prosecutors said last week that plea talks were at an impasse, and Attorney General Merrick Garland named Delaware U.S. Attorney David Weiss as a special counsel to continue the investigation and prosecution related to Hunter Biden’s tax and business dealings. The moves prolong and magnify Hunter Biden’s legal problems as his father, President Biden, campaigns for re-election in 2024.

Prosecutors are now seeking to dismiss a previously filed tax case, saying they need to try it elsewhere, such as in California, where Biden lived during the years at issue in the case. Defense attorneys argue the Justice Department “reneged” on the previously agreed-upon terms and that a provision—known as a diversion agreement—that would have allowed Hunter Biden to skirt prosecution on a gun charge should stand.

On Tuesday morning, Chris Clark, the defense attorney who has long represented Hunter Biden in the probe, withdrew from the case, citing the 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,” a new lawyer for the younger Biden said in a court filing. Earlier this week, Abbe Lowell, a veteran of Washington legal circles who has defended many politicians over the years, filed court documents signaling he would now represent Hunter Biden.

Later Tuesday, prosecutors filed a response insisting that they hadn’t reneged on the terms of the plea agreement. They said defense attorneys fumbled when they said in court that the younger Biden at first intended to plead guilty because the diversion agreement on the gun charge included a provision granting him immunity from future prosecution on any crimes resulting from his activities during that time. But that clause wasn’t in the separate plea agreement, prompting questions from the judge, who ultimately refused to sign off on it.

“This was a problem entirely of their own making and not one that resulted from the drafting of the proposed plea or diversion agreements,” assistant special counsels Leo Wise and Derek Hines wrote in the filing.

The back-and-forth Tuesday was an extension of disagreements between prosecutors and defense lawyers that spilled into public view at a hearing last month, when Hunter Biden had been expected to plead guilty to two misdemeanor tax counts. Under questions from the judge about both sides’ understanding of the agreements—including whether the government expected to bring any further charges against him—Hunter Biden reversed course, pleaded not guilty, and left the deal in limbo. 

Weiss’s team and defense lawyers kept trying to shore up the agreement during the weeks after the July 26 hearing, but couldn’t overcome differences about the extent of the immunity from potential future prosecution Hunter Biden would receive, a person familiar with the talks said. Weiss regarded the plea agreement as a draft that could be changed, even though it had been signed by one of his top prosecutors, the person said.

In Tuesday’s filing, prosecutors said they had considered defense proposals “but did not believe they were in the best interests of the United States” and submitted counteroffers that Hunter Biden’s team rejected. 

Prosecutors also said the diversion agreement—under which they wouldn’t pursue separate felony gun-possession charges against the younger Biden as long as he remains drug-free and agrees to never own a firearm again—was never in effect because probation officials declined to approve it during the July hearing.

Write to Sadie Gurman at [email protected]