Attorneys for Hunter Biden said in a court filing late Sunday that prosecutors had waived a settlement that would have settled tax and firearms allegations against the US president’s son while his father is seeking re-election.
Delaware federal prosecutors said Friday that Hunter Biden may face criminal charges after negotiations over the plea failed.
US District Judge Maryellen Noreika rejected a proposed deal in July, raising concerns about its legality and the extent of immunity it conferred on Hunter Biden.
Under that proposed rule, Hunter Biden would have pleaded guilty to failing to pay taxes on $1.5 million in income between 2017 and 2018 and a separate plea to stay of prosecution for illegal possession of firearms while using drugs, a felony , completed.
The case has become a political lightning rod as Congressional Republicans consider the possibility of impeachment against Biden over his son’s business dealings and accuse the Justice Department of making him a “treasure deal.”
US Attorney General Merrick Garland has denied Republican allegations of favoritism.
On Friday, he appointed US Attorney David Weiss of Delaware, an agent for former President Donald Trump who has been investigating the case since 2019, as special counsel, giving him additional powers.
Should the case go to trial, the president would run for re-election in November 2024, likely against former President Donald Trump, as his son faces criminal prosecution.
Republican Trump faces three criminal cases of his own next year.