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Hunter Biden’s lawyers say gun charge deal is still binding

 August 15, 2023

The legal team representing Hunter Biden, son of President Joe Biden, filed a court document on Sunday asserting that the federal prosecutors went back on a plea deal that was previously agreed upon in June. 

The agreement encompassed two separate aspects: first, two misdemeanor tax counts for willful failure to pay federal income tax, and second, a separate felony firearm charge.

While the agreement concerning the tax counts has fallen through, Biden's lawyers maintain that the agreement on the gun charge is still "binding," as Fox News reported.

Prosecutors announced on Friday that they would completely drop the plea deal in Delaware, indicating that Biden might face a criminal trial following the failure of plea negotiations in court last month.

 Details of the Agreements

Hunter Biden's lawyers contend that he had signed agreements concerning the two misdemeanor counts of willful failure to pay federal income tax and was preparing to enter a pretrial diversion agreement regarding a felony gun charge.

According to the Sunday filing, Biden was willing to "waive certain rights and to accept responsibility for his past mistakes."

Although the tax deal failed, the legal team argues that the agreement on the gun charge was "executed" and hence remains "binding."

The filing expressed the intention of the defendant to abide by the terms of the Diversion Agreement, finalized at the July 26 hearing.

The lawyers also pointed out that prosecutors' continued investigation into the president's son contradicted his understanding of the immunity he was to receive under the deal, citing both "express written terms" and "prosecutors' contemporaneous written and oral communications" to support their position.

Hunters Lawyer's Stance

Abbe Lowell, one of Hunter Biden's lawyers, speculated on Sunday about three possible reasons why the negotiations broke down during the July 26 hearing.

First, he suggested that the DOJ prosecutors may have written something without being clear about their meaning.

Second, he posited that they knew what they meant but conveyed it incorrectly to counsel.

The third possibility, according to Lowell, is that the prosecutors changed their stance while they were actually standing in court in Delaware.

Lowell later expressed his belief that the third scenario was the true explanation, asserting that the prosecutors "changed their decision on the fly standing up in court."

David Weiss's Appointment and Republican Reactions

The filing came just two days after Attorney General Merrick Garland named David Weiss as the special counsel to lead investigations into Hunter Biden. 

Republicans quickly voiced their disapproval of Garland's choice of Weiss to lead the prosecution in Biden's tax and gun charges.

House Oversight Committee Chairman James Comer (KY-01) even went as far as to accuse the Justice Department of attempting a coverup related to the Biden family's alleged financial dealings with foreign nationals.