Attorneys for President Joe Biden's son recently said an agreement that spared him a felony gun charge and offered potential protection from other charges is in effect.
At the July hearing before U.S. District Judge Maryellen Noreika, Biden lawyer Chris Clark said the clause was meant to ensure the case “wouldn’t become more politicized” if the government targeted Biden again in the future.
In their filing Sunday, Biden's attorneys argued the diversion agreement and the"so-called immunity provision" had taken effect because the agreement was signed by Biden, Clark and the lead prosecutor in the case, Leo Wise. Prosecutors fired back Tuesday, accusing Biden's lawyers of being"misleading" and saying they knew the diversion agreement was a"draft" because the two sides tried to negotiate changes after the hearing. The prosecutors said they had noted in court that the document needed to be signed by the probation officer to take effect and that it was not, so"none of its terms are binding on either party.
An attorney for Biden didn't respond to a request for comment Tuesday. Weiss’ office declined to comment. In a separate filing Tuesday, Clark moved to withdraw from Biden's legal team, anticipating that he may be called as a witness in any litigation over the failed plea negotiations., prosecutors had agreed to recommend probation if Biden pleaded guilty to two counts of failing to pay his taxes. A separate gun charge for illegally owning a Colt Cobra .
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