Hunter Biden’s Legal Team Considering President Biden as a Potential Defense Witness
In a letter obtained by Politico, Hunter Biden’s former attorney, Chris Clark, revealed that his legal team had considered the
In a letter obtained by Politico, Hunter Biden’s former attorney, Chris Clark, revealed that his legal team had considered the possibility of having President Biden testify as a fact witness for the defense if his son faced criminal charges. This revelation came shortly after news emerged in October 2022 that the Justice Department had gathered enough evidence to pursue an indictment against the President’s son.
Clark’s 32-page letter warned prosecutors that if charges were brought against Hunter Biden for his alleged purchase of a firearm while addicted to cocaine, President Biden could potentially take the stand as a fact witness for the defense. However, Clark withdrew from Hunter’s defense team recently, and it remains unclear if this decision was related to the leak of the letter to Politico.
Hunter Biden had previously pleaded not guilty to federal tax and gun charges in July after a previous plea agreement collapsed. The initial plea deal had drawn criticism from Republicans for being too lenient.
In his letter, Clark attempted to use the prospect of President Biden’s testimony as a way to dissuade the DOJ from pursuing criminal charges. He argued that such a trial would put the President in a position of testifying against his own Justice Department, potentially leading to a “constitutional crisis.”
Clark’s decision to withdraw as Hunter’s attorney was largely centered around the possibility of being called as a witness. Under the Delaware Rule of Professional Conduct, attorneys are discouraged from acting as advocates in trials where they are likely to be necessary witnesses, unless it would cause substantial hardship for the client.
Hunter Biden’s legal situation has garnered significant attention, particularly regarding a plea deal that was rejected by Judge Maryellen Noreika of the United States District Court for the District of Delaware. The plea deal involved misdemeanor tax counts of willful failure to pay federal income tax, as part of an agreement to avoid jail time on a felony gun charge.