Shortly after U.S. Attorney General Merrick Garland held a press conference announcing the appointment of Delaware U.S. Attorney David Weiss as Special Counsel in the investigation and possible prosecution of Hunter Biden for tax and FARA crimes (and possibly others), the DOJ filed a motion to dismiss the tax charges currently pending in Delaware against Hunter Biden.
The motion states that the reason the information was filed in Delaware was because defendant (Hunter Biden) agreed to waive any challenge to venue and plead guilty in Delaware, but that plea agreement was not effectuated during the July court appearance and the parties have not been able to come to an agreement since.
Part of page 1 of the DOJ motion to dismiss Delaware charges against Hunter Biden, filed August 11, 2023.
The DOJ also filed a Motion to Vacate the Court’s briefing order that was issued July 26, 2023, saying that it’s moot now that they are dismissing the charges. That briefing order could be one reason why the DOJ decided to simply dismiss charges, because the DOJ was going to have to publicly state what precedent there was for the plea arrangement they offered Hunter Biden, with essentially a global non-prosecution agreement attached to a diversion agreement in an entirely separate criminal proceeding (for Hunter’s gun charges).
The Motion to Vacate was also filed in the gun charge case, but as of the time of publication that charge has not been dismissed. Venue has always been appropriate in that case, since the crime was committed in Delaware. So, as of the time of publication Hunter Biden is still facing a felony gun charge in Delaware; let’s see if his attorneys claim the diversion plan is already in force.
(This is a developing story; RedState will provide updates as they become available.)
Read the entire Motion to Dismiss here:
Motion to Dismiss Hunter Biden tax charges by Jennifer Van Laar on Scribd