Hunter Biden’s legal team has vowed to put President Joe Biden on the stand to testify in his son’s defense if he faces criminal charges.
Christopher Clark, Hunter’s then-lead criminal defense attorney, made the allegation in October 2022 in a 32-page letter to prosecutors.
It came shortly after it was revealed that the Justice Department had enough evidence against his client to advance an indictment.
Clark warned that if the Justice Department indicted Hunter for allegedly purchasing an illegal firearm while addicted to cocaine, Biden would have no hesitation in taking the stand.
“President Biden would now undoubtedly be a factual witness for the defense in any criminal proceeding,” Clark wrote in the letter obtained by Politico.
Hunter Biden’s legal team has vowed to put President Joe Biden on the stand to testify in his son’s defense if he faces criminal charges. Biden has so far shown a united front with his family over the legal issues
Hunter pleaded not guilty to federal tax and gun charges in late July after a previous settlement agreement fell through. Republicans had often criticized the previous deal as far too lenient.
In the letter to prosecutors, Clark appeared to fend off the DOJ by promising Biden’s testimony.
He argued that continuing a criminal trial would force Biden to testify in conflict with his own Justice Department, which he said would create a “constitutional crisis.”
“This case of all things does not justify the spectacle of a sitting president testifying at a criminal trial, nor the possibility of a consequent constitutional crisis,” Clark wrote.
Christopher Clark, Hunter’s then-lead criminal defense attorney, made the allegation in October 2022 in a 32-page letter to prosecutors
The plea was raised by Judge Maryellen Noreika over concerns about ongoing investigations into Hunter’s other possible offenses.
Clark and his team often told prosecutors in the previous months that they were concerned about the politics surrounding the case.
They raised concerns about pressure from Republicans and the possibility of damaging the DOJ’s reputation if Biden ran against his own Justice Department.
The settlement, which should have ended the lengthy investigation into the first son, was largely unraveled during a contentious court hearing last month.
The settlement was condemned as a “treasure deal” by Republicans, who are conducting their own investigations in Congress into almost every aspect of Hunter’s business dealings and the Justice Department’s handling of the case.
The agreement originally stipulated that Hunter plead guilty to failing to pay taxes on more than $1.5 million in earnings in 2017 and 2018 and that he receive probation instead of jail for the misdemeanors should receive.
A separate agreement provided for him to be spared criminal prosecution for the crime of being a drug user who owned a gun in 2018 if he stayed out of trouble for two years.
After the settlement fell through earlier this month, Weiss prosecutors asked Noreika to dismiss the charges in Delaware, potentially allowing new charges to be filed in California or Washington, DC.
Hunter Biden’s attorneys agreed that the charges should be dismissed, as they were only brought under Delaware’s earlier plea agreement. Noreika agreed to the procedural request on Thursday.
Jäger’s legal counsel raised concerns about pressure from Republicans and the possibility of damaging the DOJ’s reputation if Biden were to run against his own Justice Department
The case comes amid the Justice Department’s indictments against former President Donald Trump, Joe Biden’s main rival in next year’s election
The fate of a separate but related agreement to resolve a gun possession allegation is still unclear.
Prosecutors said the deal never went into effect, but Hunter’s legal counsel argues it is still valid and binding.
Noreika must decide the status of the agreement, which would require prosecutors to drop the gun charges in two years if Hunter stays out of legal trouble and passes drug tests.
Since Clark also this week asked a federal judge for permission to withdraw from the case, now that he could be called as a witness in future trials, it remains unclear whether the leaked document played a role in the decision.
“Based on recent developments, it appears that the negotiation and drafting of the Objection Agreement and the Diversion Agreement will be challenged, and Mr. Clark is a keen witness to these issues,” Biden’s attorneys said in the filing.
Since his resignation, Clark has been replaced by Abbe Lowell.
Attorney General Merrick Garland’s surprise announcement that he would appoint Weiss as a special counsel raised new questions about the case ahead of the 2024 election.
Hunter’s history of drug use and financial dealings cast a dark shadow over his father’s political career.
The case comes amid the Justice Department’s indictments against former President Donald Trump, Joe Biden’s main rival in next year’s election.
Trump has been indicted and awaits trial in two separate cases filed by Special Counsel Jack Smith.
One concerns Trump’s refusal to release classified documents kept at his Mar-a-Lago estate.
The other involves allegations of fraud and conspiracy to overrule the 2020 election ahead of the Jan. 6, 2021 attack on the US Capitol.
In the Hunter case, prosecutors investigating his son’s affairs have made no allegations or charges against the president.
Joe Biden has made closeness to his family a key tenet of his public appearances – repeatedly stating that every day he tries to speak to all of his children and grandchildren – the family is seen at the White House on Independence Day
Hunter is expected to stand trial in either Washington DC or Southern California
Republicans in the House of Representatives have attempted to link Hunter Biden’s work to his father but have been unable to provide any evidence of wrongdoing.
The Biden family has presented a united front despite Hunter’s legal woes.
On July 26, the day Hunter was scheduled to close a plea deal, White House officials purposely left room in the president’s schedule for him to follow court appearances.
Some worried about revealing Biden to the press during the hearing — he made no public appearances that day.
When the plea deal fell through, aid workers feared that the president’s mainstay – his wife – would leave the country that day.
The president has previously stood by his son – even contradicting the terms of the original plea, claiming he did nothing wrong.
“My son has done nothing wrong,” Biden said in a May. ‘I trust him. I have faith in him. And it’s affecting my presidency because it makes me proud of him.”
Joe Biden has made closeness with his family a core tenet of his public brand — repeatedly stating that he tries to speak to all of his children and grandchildren every day.
Hunter’s 29-year-old daughter Naomi and then-fiancé Peter Neal were staying at the White House estate before their wedding last year. It is not clear if they still live there.
People close to the Biden family said they fear the continued surveillance of Hunter, a recovering drug addict, could prompt him to make “harmful” decisions.
The first son remained relatively well known, even as the legal problems piled up. He accompanied Biden on an Air Force 1 trip to Ireland in April and attended state dinners at the White House.
Hunter is expected to stand trial in either Washington DC or Southern California.