Now-Special Counsel David Weiss assured a Delaware federal court on Wednesday that an indictment against Hunter Biden would be forthcoming by month's end.
The plea deal between Delaware U.S. Attorney Weiss and Hunter Biden collapsed soon after the July 26, 2023, hearing at which Noreika questioned the parties on the interaction between the plea agreement on the two misdemeanor tax counts and a separate pretrial diversion agreement designed to resolve a separate felony gun offense.
Because "Venue," meaning the proper location for a trial, for the tax cases did not lie in Delaware but rather Washington, D.C., or the central district of California, Weiss moved to dismiss those charges against Hunter Biden "Without prejudice," so he could refile them later in the proper jurisdiction.
While the federal government can charge a crime by information with a defendant's consent, Hunter Biden's agreement to waive his constitutional right to indictment by a grand jury was contained in the pretrial diversion agreement, and the government maintains that agreement is not valid.
Whether the pretrial diversion agreement is valid and enforceable will be the ultimate issue in this case - and possibly in other criminal cases Weiss seeks to bring against Hunter Biden given the breadth of the immunity provided.
Conversely, Hunter Biden maintains the agreement was executed when he and a representative for the Delaware U.S. attorney's office signed the diversion agreement.
There is no case law addressing this scenario because the federal government has never entered into an agreement remotely resembling the deal offered to Hunter Biden.
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