Hunter Biden's top criminal defense attorney has asked a federal judge for permission to withdraw from the case after a plea deal unraveled in late July.
Christopher Clark, Hunter's longtime defense attorney, filed a motion with the Delaware judge overseeing Hunter's case on the grounds that he could now be called as a witness in future proceedings, CNN reports.
"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," reads the Tuesday filing.
Hunter Biden’s lawyer moves to withdraw as counsel. The reason?
— Techno Fog (@Techno_Fog) August 15, 2023
“it appears that the negotiation and drafting of the plea agreement and diversion agreement will be contested,” and he is a witness to those issues. pic.twitter.com/QACCy0mqfL
Last week federal prosecutors announced that the had reached an impasse on Hunter's plea deal related to tax offenses and a "diversion agreement" to take care of a gun possession charges.
After the deal unraveled, the feds asked Judge Maryellen Noreika to withdraw a late August deadline to renegotiate the plea deal, after she said she was not ready to accept it & asked both sides to file additional briefs explaining the legal structure of the revised deal.
Noreika also called the deal federal prosecutors reached with Hunter over his gun possession offense "unusual," and that it contained some "non-standard terms," such as "broad immunity" from other potential charges.
Under the original plea agreement, Biden intended to plea guilty to two misdemeanor tax crimes committed in 2017 and 2018, and would avoid prison on the gun possession charge.
As part of the conditions for Hunter's release, he must not consume alcohol or prohibited drugs, or possess a firearm, must submit to random drug tests as required, must actively seek employment and not violate any laws.
For context-
— Techno Fog (@Techno_Fog) August 15, 2023
The attorney would be a witness to a disputed issue: the scope of Hunter's plea deal, and whether it provides broader immunity to Hunter. pic.twitter.com/1tmHcXL2PO
On Sunday, Biden attorney Abbe Lowell blamed prosecutors for drafting the agreements the judge wouldn't approve.
Biden’s lawyers said Sunday they believed the gun diversion deal was still “valid and binding.” Abbe Lowell, one of the attorneys, placed blame on prosecutors for drafting the agreements the judge took issue with. -CNN
After the plea deal unraveled, US Attorney David Weiss requested and was granted "special counsel" status by Attorney General Merrick Garland.
According to prosecutors, there is still an ongoing investigation which may carry future charges outside the scope of the plea deal.
Biden pleaded guilty to two misdemeanor tax crimes, and will avoid prison charge for possessing a gun while addicted to an illegal drug.
The deal sought to cap a five-year investigation into Hunter's tax affairs and business dealings, which federal prosecutors say Hunter failed to pay over $100,000 of income tax on at least $1.5 million in income between 2017 and 2018.