Federal prosecutors reneged on plea deal, Hunter Biden's lawyers say

A judge had rejected the combination plea deal and pre-trial diversion program.

August 14, 2023, 8:35 AM

Federal prosecutors reneged on a deal that would have resolved tax and gun charges against President Biden’s son, attorneys for Hunter Biden said in a new court filing.

"The defendant’s understanding of the scope of immunity agreed to by the United States was and is based on the express written terms of the Diversion Agreement. His understanding of the scope of immunity agreed to by the United States is also corroborated by prosecutors’ contemporaneous written and oral communications during the plea negotiations," defense attorneys said in the new filing.

Despite their acknowledgement that the plea agreement on tax charges is "moot," attorneys for Hunter Biden argued that the second part of the deal – a diversion agreement on a separate gun charge – remains in effect. They claim the diversion agreement is a separate contract negotiated and entered into by the parties outside the judge’s purview. When prosecutors signed the deal before their hearing on July 26, the contract became active.

Hunter Biden’s alleged crimes may now be headed to trial after plea negotiations reached an "impasse," federal prosecutors said.

PHOTO: Attorney General Merrick Garland announces the appointment of Special Counsel David Weiss in the ongoing investigation of Hunter Biden, son of U.S. President Joe Biden, during a brief statement at the Justice Department in Washington, Aug. 11, 2023
Attorney General Merrick Garland announces the appointment of Special Counsel David Weiss in the ongoing investigation of Hunter Biden, son of U.S. President Joe Biden, during a brief statement at the Justice Department in Washington, Aug. 11, 2023.
Bonnie Cash/Reuters

A judge rejected the combination plea deal and pre-trial diversion program the two sides arranged over concerns it offered too much immunity to Hunter Biden.

Hunter Biden’s attorneys said the government decided "to renege on the previously agreed-upon plea agreement."

They also said the president’s son, "through counsel, accepted the prosecutors’ invitation to engage in settlement discussions that the defendant and counsel understood would fully resolve the government’s sprawling five-year investigation."

Attorney General Merrick Garland on Friday named Delaware U.S. Attorney David Weiss as special counsel in the Hunter Biden investigation.

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