Prosecutors investigating Hunter Biden on tax-related charges say a trial is imminent after plea deal negotiations fell apart last month.
David Weiss, the U.S. attorney leading the investigation moved to dismiss the case against Biden in new court filings so prosecutors can bring charges in Washington, D.C., or California.
The president’s son was set to agree to plead guilty to two tax offenses and enter a pretrial diversion program on a gun charge, allowing him to avoid a formal charge under specific conditions.
But the deal crumbled after a hearing last month when a Delaware district judge put off accepting the complex deal negotiated by Biden and the DOJ.
“After the hearing, the parties continued negotiating but reached an impasse,” Weiss wrote in Friday court filings. “A trial is therefore in order.”
After the hearing last month, both parties were directed to submit in writing their responses to Judge Maryellen Noreika’s concerns. On Friday, the Justice Department asked Noreika to set aside those briefing deadlines.
“The Court’s briefing order is premised on the idea that the parties intend to continue towards a guilty plea in Criminal Action No. 23-mj-00274 and diversion in Criminal Action No. 23-cr-00061,” prosecutors wrote.
“But that is no longer the case,” they said. “Following additional negotiations after the hearing held on July 26, 2023, the parties are at an impasse and are not in agreement on either a plea agreement or a diversion agreement. Therefore, the Government believes the Court’s briefing order should be vacated.”
Weiss was on Friday appointed as a special counsel to continue investigating Biden. Special counsels have more powers than U.S. attorneys.
U.S. Attorney General Merrick Garland said in a statement Friday that Weiss advised him that the investigation had “reached a stage” where he believed he should continue his work as a special counsel and asked to be appointed.
“Upon considering his request, as well as the extraordinary circumstances relating to this matter, I have concluded that it is in the public interest to appoint him as special counsel,” Garland said.
Noreika ordered Biden’s attorneys to respond to the government’s motion by noon Monday.