Hunter Biden Plea Deal at ‘Impasse’ as Attorney General Appoints Special Counsel

Federal prosecutors on Friday said their plea deal with Hunter Biden over charges related to federal income taxes and a felony gun charge is stuck at an impasse, a major development that came in tandem with the appointment of a new special counsel to lead an investigation of President Joe Biden's son.

The three-page motion from U.S. Attorney David Weiss, who Attorney General Merrick Garland just elevated to special counsel status, casts significant uncertainty on Hunter Biden's legal fate.

Hunter Biden, 53, had previously reached a guilty plea agreement with DOJ on federal income tax and firearm possession charges that would have allowed him to enter into a pre-trial diversion program and avoid signifiant prison time.

But that deal had already appeared to be on the verge of crumbling after a contentious three-hour hearing at the end of July where U.S. District Court Judge Maryellen Noreika poked holes in its rationale. She had ordered DOJ and Biden's attorneys back to the negotiating table so they could ensure the deal does not convey broad immunity to Biden in his business dealings.

On Friday, DOJ signaled those talks had fallen apart.

"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," DOJ lawyers wrote in their motion requesting Noreika put the deal on permanent hold.

Noreika on Friday ordered Biden's attorneys to respond by noon Monday to the DOJ motion.

In a prepared statement, Chris Clark, a counsel to Hunter Biden, said the special counsel's appointment "doesn’t change our understanding of Mr. Weiss’ authority over the 5-year investigation into Mr. Biden."

"For years, both Mr. Weiss and the Department have assured us and the public that Mr. Weiss had more authority than a special counsel and full authority to negotiate a resolution of his investigation – which has been done," Clark added. "Whether in Delaware, Washington, D.C. or anywhere else, we expect a fair resolution not infected by politics and we’ll do what is necessary on behalf of Mr. Biden to achieve that.”

'Ultimate authority'

In his special counsel announcement Friday, Garland said Weiss has been "granted ultimate authority over this matter, including the responsibility for deciding where and and when and whether to files charges."

At the conclusion of his investigation, Weiss will also produce a report that Garland said will be made public pursuant to the law and DOJ policy.

Weiss has been keeping Washington on pin needles by repeatedly saying he's been leading an “ongoing investigation" into Hunter Biden and his family business.

The original tax charges stem from findings that Hunter Biden received taxable income in excess of $1,500,000 annually in 2017 and 2018 and failed to pay the income tax due for either year “despite owing in excess of $100,000 in federal income taxes each year,” Weiss said in a statement last month.

Biden is also accused of possessing a Colt Cobra revolver from Oct. 12 to 23, 2018 while “knowing that he was an unlawful user of and addicted to a controlled substance,” according to a felony information document filed by federal prosecutors.

During his July plea hearing, federal prosecutors read into the court record that Hunter Biden made more than $2 million in taxable income in 2017 and 2018. In both of those years, the feds said a large percentage of those business dealings were with Chinese, Ukrainian and Romanian partners.

Hunter Biden's attorneys said they were unaware of any other pending criminal charges during the hearing.

But that didn't square with the reading of the agreement by Leo Wise, an assistant U.S. attorney under Weiss, who left open the prospect of additional charges if prosecutors found sufficient evidence to bring another case or if the plea agreement falls through.