<p>One aspect of a deal struck between <a href="https://www.dailywire.com/topic/hunter-biden" target="_blank" rel="noopener">Hunter Biden</a> and Delaware&#8217;s U.S. Attorney David Weiss survived the collapse of their plea agreement, Biden&#8217;s legal team claimed over the weekend.</p>
<p><a href="https://storage.courtlistener.com/recap/gov.uscourts.ded.82801/gov.uscourts.ded.82801.33.0.pdf">In a filing on Sunday</a>, defense attorneys said the decision by the federal government to &#8220;renege&#8221; on the plea agreement for two misdemeanor tax evasion charges did not do away with a pretrial diversion agreement on a felony firearm offense in which prosecutors would <a href="https://www.politico.com/news/2023/07/26/proposed-hunter-biden-plea-agreement-00108426">drop the case</a> if Biden — who is the president&#8217;s son — met certain conditions.</p>
<p>Biden &#8220;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,&#8221; the lawyers wrote.</p>
<p>At the hearing late last month, U.S. District Judge Maryellen Noreika raised concerns about a provision that might have granted Biden sweeping immunity from prosecution in the future. The federal judge tasked both sides with reworking their arrangement.</p>
<p>Attorney General Merrick Garland announced on Friday that Weiss had been <a href="https://www.justice.gov/opa/pr/appointment-special-counsel-2">appointed special counsel</a> in the investigation of Biden, a designation that gives the prosecutor broader authority to bring charges in districts outside of his own.</p>
<p>On that same day, Weiss <a href="https://storage.courtlistener.com/recap/gov.uscourts.ded.82797/gov.uscourts.ded.82797.25.0.pdf">said in a motion</a> that the two sides were at an &#8220;impasse&#8221; and asked the court to vacate a briefing order &#8220;since there is no longer a plea agreement or diversion agreement for the Court to consider.&#8221;</p>
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<p>Biden, 53, pleaded not guilty to the tax charges in Delaware, but Weiss made a separate filing on Friday seeking to dismiss the information and <a href="https://storage.courtlistener.com/recap/gov.uscourts.ded.82801/gov.uscourts.ded.82801.31.0.pdf">indicating</a> that he intended to take the tax case to trial in the Central District of California or in the District of Columbia — venues for the alleged offenses — because plea negotiations had hit a roadblock.</p>
<p>One of Biden&#8217;s lawyers, Abbe Lowell, said on CBS News&#8217;s &#8220;Face the Nation&#8221; on Sunday that a trial was <a href="https://www.cbsnews.com/news/face-the-nation-full-transcript-08-13-2023/">&#8220;not inevitable.&#8221;</a></p>
<p>As for the felony gun charge, with which Biden was accused of knowingly possessing a firearm while being an <a href="https://www.justice.gov/usao-de/pr/tax-and-firearm-charges-filed-against-robert-hunter-biden">&#8220;unlawful&#8221; drug user</a> in 2018, his lawyers insisted in their Sunday filing they &#8220;have a valid and binding bilateral Diversion Agreement.&#8221;</p>
<p>Biden&#8217;s &#8220;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,&#8221; the lawyers added. &#8220;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.&#8221;</p>
<p>In an order on Monday, the judge instructed Weiss to <a href="https://twitter.com/ProfMJCleveland/status/1691128747762884608">file a response</a> to Biden&#8217;s lawyers by noon on Tuesday.</p>
<p>If Biden is found guilty of the felony gun charge, the Department of Justice <a href="https://www.justice.gov/usao-de/pr/tax-and-firearm-charges-filed-against-robert-hunter-biden">said</a> the maximum penalty is ten years in prison. Each of the misdemeanor charges for an alleged failure to pay taxes on income in 2017 and 2018 brings a maximum penalty of 12 months in prison.</p>

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Hunter Biden’s Lawyers Claim Deal To Resolve Felony Gun Charge Was ‘Binding’