Hunter Biden’s primary attorney is seeking to step away from the case, fearing he may be summoned as a witness.
Legal counsel Christopher Clark was instrumental in shaping a plea agreement that previously had Biden considering admitting guilt to two federal tax misdemeanors, as well as a deferral arrangement related to a felony firearm possession charge. This latter agreement caught the attention of Delaware U.S. District Judge Maryellen Noreika.
Given recent shifts, the formulation and details of the plea and deferral agreements may be disputed, and “Mr. Clark is directly privy to these discussions,” attorney Richard Jones stated in a Tuesday motion.
This motion references the Delaware Professional Conduct Rule 3.7(a), which states an attorney shouldn’t represent at a trial where they are expected to be an essential witness, except when removing the attorney might bring considerable difficulty for the client.
Given the “witness-advocate” principle, the document proposed that it would be imprudent for Mr. Clark to remain Hunter Biden’s counsel. Still, it emphasized that Biden’s representation wouldn’t suffer as other attorneys already associated with the case would persist in their roles.
This development transpires shortly after U.S. Attorney General Merrick Garland designated U.S. District Attorney David Weiss to oversee the investigation into Hunter Biden as special counsel.
This special counsel role was confirmed as plea discussions in the tax evasion case, led by Weiss, reached a stalemate in Delaware. On Friday, Weiss’ unit proposed that charges might be more appropriately filed either in California or Washington. While Garland confirmed Weiss always held the power to file beyond Delaware, the choice of location might have influenced his plea for the special counsel title.
