Hunter Biden’s legal team tried to pressure the Department of Justice (DOJ) into cutting a deal with their client by saying they would call his father, President Joe Biden, as a defense witness, setting federal prosecutors at odds with their ultimate boss.
“President Biden now unquestionably would be a fact witness for the defense in any criminal trial,” warned Hunter lawyer Chris Clark in a 32-page letter, as news of the investigation into the First Son gained traction in late 2022.
“This of all cases justifies neither the spectacle of a sitting President testifying at a criminal trial nor the potential for a resulting Constitutional crisis,” Clark said, insinuating President Biden testifying against his own Justice Department was untenable.
It is uncertain exactly how much the DOJ was influenced by these efforts to use the status of Hunter’s father to hobble the investigation, but he did end up being offered a highly unusual sweetheart deal. This would have seen the President’s son plead guilty to two misdemeanors to wipe the slate clean for various tax crimes, and charges for a firearms felony essentially dropped as part of a so-called diversion agreement.
Various whistleblowers came forward alleging Hunter had been given special treatment, and the deal ultimately collapsed after Donald Trump-appointed judge Maryellen Noreika questioned its strange provisions and the “broad immunity” it would have given Hunter with respect to unrelated crimes.
Hunter prosecutor David Weiss has now been granted the status of Special Counsel, which could be used to pursue the President’s son more aggressively – but this seems unlikely, given one of his first acts on being granted his new powers was to pull the case from Judge Noreika’s court.