The judge also admonished Biden's attorneys for inaccurately asserting that the materials contained "social security" and "grand jury" details in their bid to keep the documents confidential.
The whistleblower, Gary Shapley, a former IRS investigator who probed Hunter Biden, testified to Congress in June. He alleged that his investigation was deliberately obstructed and delayed due to partisan politics favoring Biden's father, Joe Biden, during his 2020 presidential campaign.
Earlier on Thursday, Judge Noreika also dismissed misdemeanor tax charges against Biden. This decision was anticipated after his proposed plea deal, which he was expected to accept last month, fell through. Under the deal, Biden was to plead guilty to two misdemeanor counts of willful failure to pay federal income tax, thereby avoiding a potential felony gun charge.
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Following the collapse of the plea deal, Biden entered a plea of "not guilty" after it was disclosed that he was still under federal investigation.
August 19, 2023
The Department of Justice (DOJ) submitted a filing last week to dismiss the case ahead of a potential trial on Biden's felony gun charge in a separate district.
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The legal teams of Biden and Special Counsel David Weiss, who also serves as the DOJ's US Attorney for Delaware, are currently in dispute over a diversion agreement related to the felony firearms charge. This agreement could potentially allow Biden to evade jail time. Weiss has indicated his intention to prosecute Biden either in Washington, DC, or California.
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Biden's attorneys argue that the previous agreement is legally binding, a claim Weiss disputes. In a court filing on Tuesday, Weiss stated, "The defendant chose to plead not guilty at the hearing on July 26, 2023, and U.S. Probation declined to approve the proposed diversion agreement at that hearing. Thus, neither proposed agreement entered into effect."
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Weiss further noted that Biden "rejected these counterproposals on August 7, 2023." He added, "Seeing that the parties were at an impasse, the Government informed the Defendant, in writing on August 9, 2023, that it was withdrawing the most recent version of its proposed plea and diversion agreements. That is why the Government has asked the Court to vacate its briefing order and has moved to dismiss the criminal tax information."
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