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Hunter Biden's prosecutors refuse to keep gun charge deal in place

The deal attracted scrutiny for its apparently lenient terms and Attorney General Merrick Garland ultimately appointed U.S. Attorney David Weiss as a special counsel to continue the case.

Published: August 15, 2023 9:29pm

Updated: August 15, 2023 10:12pm

Prosecutors in the Hunter Biden case insist that an agreement negotiated with the first son's attorneys over a gun charge is not valid.

Though Biden's attorneys claim it is valid, the DOJ contends that while the prosecutor signed the agreement, it never received the signoff from probation agents and is therefore defunct.

"The government did not 'renege' on the 'previously agreed-upon Plea agreement,' as the Defendant inaccurately asserts in the first substantive sentence of his response," they wrote in a court filing that CNN obtained. "The Defendant chose to plead not guilty at the haring on July 26, 2023, and U.S. Probation declined to approve the proposed diversion agreement at that hearing."

"Thus, neither proposed agreement entered into effect," they continued.

Biden was set to reach a plea agreement in the case in which he would plead guilty to two misdemeanor taxes crimes and a gun violation that could later be dismissed. He was to enter a pre-trial diversion agreement related to that charge, with which the judge expressed concern.

The deal attracted scrutiny for its apparently lenient terms and Attorney General Merrick Garland ultimately appointed U.S. Attorney David Weiss as a special counsel to continue the case. Prosecutors subsequently asked the judge to disregard the plea agreement.

After the judge initially paused the case, the DOJ and Biden's attorneys negotiated up until Weiss's appointment, per the AP. The prosecutors have denied allegations that they reneged on the deal.

U.S. District Judge Maryellen Noreika will ultimately decide on the DOJ request to withdraw the charges. Biden attorney Chris Clark on Tuesday filed a motion to withdraw himself from the case on the grounds that he may be called as a witness.

Prior to his appointment as special counsel, Weiss led the years-long investigation into Hunter Biden in his capacity as the U.S. Attorney for Delaware. His investigation has faced whistleblower allegations of political interference.

Ben Whedon is an editor and reporter for Just the News. Follow him on Twitter.

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