Chris Clark, a lawyer for Hunter Biden, threatened the U.S. attorney investigating his client that if his client was charged in the case, the defense would call President Joe Biden to testify, thus creating a constitutional crisis by pitting the president against his own Department of Justice, POLITICO reported.
The warning came after information had leaked to the news media that federal prosecutors believed they had enough information to charge Hunter Biden for illegally purchasing a firearm despite being a drug addict.
“President Biden now unquestionably would be a fact witness for the defense in any criminal trial,” Clark said in a lengthy letter to prosecutors, later adding: “This of all cases justifies neither the spectacle of a sitting President testifying at a criminal trial nor the potential for a resulting Constitutional crisis.”
The news comes as The New York Times reported on Saturday that special counsel David Weiss reportedly changed his mind during the investigation about the plea deal that he was willing to allow his office to offer Hunter Biden.
The report said that Weiss, before he was appointed as special counsel in the case, was originally willing “to forgo any prosecution of” Hunter Biden and was close “to agreeing to end the investigation without requiring a guilty plea on any charges.”
Weiss’ position on the matter reportedly changed right around the time that two IRS agents came forward as whistleblowers and alleged that they had been stymied from pushing the Biden probe further due to pressure from higher-ups at the Department of Justice.
After the two whistleblowers came forward, Weiss demanded that Hunter Biden plead guilty to two misdemeanor tax crimes and enter a deferred prosecution agreement on a gun charge.
The report said that there were a few motivating factors behind Weiss’ decision to ask U.S. Attorney General Merrick Garland earlier this month to be appointed special counsel in the case. Reasons included providing him with greater authority to investigate and prosecute, increased leverage over Hunter Biden in future negotiations, and the fact that he is now required to produce a report at the conclusion of the investigation that will allow him to respond to intense backlash he has faced from Republicans.