The lead attorney representing Hunter Biden in his federal case on tax and gun crimes has asked the presiding judge to remove him as counsel out of concerns that he himself could become a witness against his own active client.
Christopher J. Clark submitted a motion Tuesday morning asking a Delaware district court judge to remove him as Hunter Biden’s attorney because he may be asked to testify about his involvement in Hunter’s last plea deal with the federal government which spectacularly collapsed in July. Clark cited professional conduct rules which state “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,” Clark wrote.
Hunter Biden’s lawyer moves to withdraw as counsel. The reason?
“it appears that the negotiation and drafting of the plea agreement and diversion agreement will be contested,” and he is a witness to those issues. pic.twitter.com/QACCy0mqfL
— Techno Fog (@Techno_Fog) August 15, 2023
Clark has represented the embattled son of Hunter Biden throughout his five years under investigation for crimes related to millions of dollars he earned while representing foreign businesses seeking access to his father during his time as vice president. A previous deal reached last month fell apart when Judge Maryellen Norieka questioned whether the agreement would cover crimes related to Hunter’s failure to register as a foreign agent while lobbying on behalf of the companies. Representatives for U.S. Attorney David Weiss told the judge that part of their office’s investigation would not be included, leading both sides to back out of the deal.
Conversations between the defense and prosecutors have stalled in recent weeks, leading U.S. Attorney Merrick Garland on Friday to appoint Weiss as special counsel, granting him the power to expand his investigation into Hunter Biden beyond Delaware and into other districts where the embattled first son may have committed crimes. Other U.S. attorneys overseeing these districts declined to bring charges and were discovered to have made political donations to the campaigns for President Joe Biden and Vice President Kamala Harris.
President Biden has expressed devotion to his son and lashed out at aides who suggested he distance himself from a case which is already wreaking havoc on his poll numbers against former President Donald Trump. The White House has maintained that Weiss’s case is free from partisan meddling, though whistleblowers at the IRS have accused Justice Department officials of stonewalling investigations that could have tied President Biden to illegal activities by his son.