Special counsel fires back at Hunter Biden's lawyers over latest argument as top attorney withdraws representation



Special counsel David Weiss fired back at Hunter Biden's lawyers on Tuesday, rebuking their assertion that Biden's pretrial diversion agreement is valid.

What is the background?

Last Friday, Weiss asked a federal court to vacate criminal charges against Hunter Biden because he and Biden's attorneys were "at an impasse" and "not in agreement on either a plea agreement or a diversion agreement." Weiss indicated he would file charges in other U.S. jurisdictions.

In response, Biden's attorneys accused federal prosecutors of having "renege[d]" on their deal.

They also argued in a court filing on Sunday that the controversial diversion agreement allowing the first son to avoid prosecution for a felony gun charge is valid because both parties — Biden and prosecutors — had signed it.

How did prosecutors respond?

In a court filing on Tuesday, prosecutors forcefully denied the attorneys' claims and the validity of the diversion agreement.

"The Defendant chose to plead not guilty at the hearing on July 26, 2023, and U.S. Probation declined to approve the proposed diversion agreement at that hearing," prosecutors explained. "Thus, neither proposed agreement entered into effect."

According to prosecutors, the diversion agreement was written to require the approval of the court before it took effect — one of U.S. District Court Judge Maryellen Noreika's chief concerns about it — and thus it never took effect because the court never signed it.

Indeed, Biden and prosecutors signed the diversion agreement, but Chief United States Probation Officer for the District of Delaware Margaret Bray did not.

"In sum, because Ms. Bray, acting in her capacity as the Chief United States Probation Officer, did not approve the now-withdrawn diversion agreement, it never went into effect and, therefore, none of its terms are binding on either party," prosecutors explained.

Anything else?

Meanwhile, one of Biden's top attorneys, Chris Clark, filed a motion on Tuesday to withdraw from representing the first son.

Citing Delaware Lawyers' Rules of Professional Conduct, the court filing explained that Clark's withdrawal is necessary because the ethics rules state that "a lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary witness."

"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," the filing said. "Under the 'witness-advocate' rule, it is inadvisable for Mr. Clark to continue as counsel in this case."

The development, then, foreshadows the potential of a showdown over the validity of the diversion agreement, and the increasing likelihood that Biden is heading to trial.

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Hunter Biden's lawyers insist diversion agreement for felony gun charge is 'binding' despite plea deal collapse



Attorneys for Hunter Biden argued in a court filing on Sunday that a pretrial diversion agreement signed by federal prosecutors remains binding despite the first son's sweetheart plea deal falling apart.

In a court filing last Friday, now-special counsel David Weiss asked a federal judge to vacate charges filed against Biden in Delaware so that he could refile the charges in other jurisdictions. Weiss told the court that prosecutors and Biden's counsel were "at an impasse and are not in agreement on either a plea agreement or a diversion agreement."

But regarding the diversion agreement, that point is moot, Biden's lawyers argued.

Despite prosecutors' desire to start over, Biden's lawyers said their client "intends to abide by the terms of the Diversion Agreement that was executed at the July 26 hearing by the Defendant, his counsel, and the United States" because, in their view, "the parties have a valid and binding bilateral Diversion Agreement."

To support their argument, Biden's attorneys cited the words of federal prosecutors, who repeatedly stated at the July 26 hearing with U.S. District Court Judge Maryellen Noreika that the diversion agreement is "binding," "in effect," a "contract[] between the Government and a defendant," and separate from the plea agreement.

A copy of the diversion agreement was posted to the court docket with signatures from Biden, his attorney Chris Clark, and federal prosecutor Leo Wise. The line for the probation officer, however, was left blank.

Because diversion agreements — technically agreements not to prosecute — are struck between prosecutors and a defendant, judicial approval is typically not required, the Washington Post explained. But this deal was complicated by the fact that prosecutors included key terms of the plea agreement in the diversion agreement, one of the central issues that Noreika raised last month.

It's not yet clear whether prosecutors agree that the diversion agreement remains binding and in effect. They have until noon on Tuesday to file a response.

If the diversion agreement is, in fact, binding, that means Biden will escape prosecution for a felony gun charge that the Justice Department typically prosecutes aggressively.

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'Very suspicious': CNN panel raises all the right questions about David Weiss' sudden special counsel appointment



CNN anchor Jake Tapper exclaimed Friday that the timing of U.S. Attorney David Weiss' special counsel appointment is "very suspicious."

After Attorney General Merrick Garland shocked Washington with the appointment, Tapper and a CNN panel broke down the significance of the development and how it raises more questions than it answers.

Tapper, for example, questioned why the Hunter Biden case now merits a special counsel when, less than two months ago, Weiss was trying to push it across the finish line with a sweetheart plea deal.

"Does he know of stuff that should be in a special counsel investigation that wasn't in that plea deal? I mean, maybe he does, but then why do that plea deal?" Tapper questioned. "It's all very suspicious."

Among the other issues Tapper raised:

  • First, why choose Weiss when special counsels are normally non-U.S. government employees?
  • Second, why stick with Weiss when his plea deal was recently decimated by a federal judge?
  • Third, doesn't the appointment of Weiss as a special counsel confirm what IRS whistleblowers alleged?

"This move makes it seem as though, well, maybe the whistleblowers were right," Tapper explained. "Maybe what they were alleging is true, and he didn't have the ability to charge wherever he wanted to charge, and now he does. So I do have a lot of questions about that. And I do think some of the political questions being raised by Republicans have merit."

In a later panel segment with Tapper, CNN senior legal analyst Laura Coates, and reporter Paula Reid, more questions were raised.

Coates, noting that Garland claimed Weiss asked for special counsel powers just last week, asked: "Why now?"

Reid, moreover, questioned whether the motive for the appointment was "to insulate" the Justice Department if the case goes to trial and from House Republicans, who are investigating allegations of corruption involving Hunter Biden and President Joe Biden.

Finally, Tapper asked why Weiss is suddenly interested in prosecuting Hunter Biden for more potential crimes than those he had agreed to just weeks ago.

"Here's another one for you: OK, so I'm David Weiss, once again, play this game with me. I'm special counsel. Just a few weeks ago, I was ready to say, 'Eh, a diversion, a slap on the wrist, a misdemeanor.' Really, it was not a big punishment. And now I want special counsel authority to investigate something that just a few weeks ago I was basically saying this is the most I can prove in a court of law? That doesn't make sense to me either," Tapper said.

"By the way, I'm fully willing to believe there's a lot more to investigate and a lot more to charge him with, but that wasn't his position a few weeks ago," he noted.

Coates agreed the development "lends credence" to the IRS whistleblowers before asking a final question: Why did Weiss say two times that he had full authority to carry out the investigation in any direction that it led, yet now he feels that he needs special counsel authority?

"The whole thing is a disaster for everyone," Reid said to conclude the segment.

'Why now?': Move to appoint special counsel in Hunter Biden case raises questions www.youtube.com

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Alan Dershowitz: THIS is the FIRST question I'd ask Hunter Biden



Well-known attorney Alan Dershowitz knows his way around a courtroom.

And as Hunter Biden is getting ready to go under oath, he already knows the first question he’d ask him if he got the chance.

“The first question I would ask him is, ‘Was President Biden sitting next to you ... when you tweeted to the Chinese businessman saying, ‘My father is sitting next to me, and if you don’t pay the money, my father will go after you?’”

Glenn Beck wants to know more.

“And if you were his attorney, how would you advise him to answer?” Glenn asks.

Dershowitz laughs, saying he would “try to take the Fifth Amendment.”

“But,” he continues, “he’s not going to be able to because his lawyers have said that the plea bargain ends the investigation against him.”

While it remains to be seen what will happen during the deposition and what will ultimately happen to Hunter Biden, Glenn is optimistic.

“This could be a massive turning point today,” he says, “if all of these people are put under oath and they say under oath what they’ve already said — at least the whistleblowers — this cracks this case wide open.”

Dershowitz is not so sure.

“I wouldn’t go that far. They have to prove that what the whistleblowers are saying is true. People lie under oath on both sides, on all sides. So, what we have right now is probable cause,” Dershowitz cautions.

While he says there’s enough evidence to investigate, subpoena, and get a search warrant, there’s not enough to prosecute or impeach.

“The quality of the evidence matters a great deal,” he adds.


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Hunter Biden going to JAIL?! Here are the RECEIPTS!



An IRS supervisory agent is blowing the whistle on obstruction within the investigation into Hunter Biden and is now seeking whistleblower protections.

According to Sara Gonzales of the "News & Why It Matters," the whistleblower’s attorney has sent a letter to nine high-ranking members of Congress.

She reads that the letter says, “He is a career IRS criminal supervisory special agent who has been overseeing the ongoing and sensitive investigation of a high-profile controversial subject since early 2020,” that “it is Hunter Biden who is the high-profile subject,” and the whistleblower’s “disclosures would contradict sworn testimony to Congress by a senior political appointee.”

His disclosures would also “involve failure to mitigate clear conflicts of interest in the ultimate disposition of the case and detailed examples of preferential treatment and politics improperly infecting decisions and protocols that would normally be followed by career law enforcement.”

Gonzales says the White House is “of course” claiming that it’s not true.

Alex Stein joins the conversation to discuss Hunter and his adventures.

“Hunter Biden was actually caught abandoning a rental car that had cocaine and crack in it and, the FBI knew it,” and they knew “that Hunter Biden was the last person to interact with this car, and they didn’t do anything. They chose not to charge him.”

While cocaine possession is a felony, Hunter remains unscathed.

“Obviously we know he’s committing tax fraud,” Stein adds, “by the money that he’s getting from his Burisma dealings in the Ukraine, working for energy companies that he has no experience for.”

He continues, “So yeah, the idea that he’s laundering money — welcome to Obviousville.”

Gonzales and her guests discuss the lack of justice in our justice system and how it only seems to favor people like Hunter Biden.

“If someone like me committed these crimes,” Gonzales says, “they’d put me through the ringer.”

“I hate to be the bearer of bad news and the tinfoil hat conspiracy theorist of the day,” Stein says, “but there is an evil cabal of deep state people that don’t have America’s best interest in mind and that’s why people like Hunter Biden always get passes.”


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