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Top Hunter Biden Lawyer Christopher J. Clark Moves To Withdraw From Case After Plea Deal Collapses

(Photo by RYAN COLLERD/AFP via Getty Images)

James Lynch Contributor
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One of Hunter Biden’s attorneys filed a motion Tuesday to withdraw from the younger Biden’s case in the wake of his failed plea deal and diversion agreement.

Christopher J. Clark, Hunter Biden’s attorney, filed a motion for leave to withdraw as counsel for Hunter Biden, citing his position as a witness in the negotiations with Department of Justice (DOJ) prosecutors on a guilty plea and diversion agreement. (RELATED: Hunter Biden Began Negotiating Plea Deal With DOJ Right After IRS Whistleblower First Came Forward)

READ THE FULL MOTION:

“Christopher J. Clark, having appeared in this matter for Defendant Robert Hunter Biden, hereby moves for leave to withdraw as counsel in the above-captioned matter. Mr. Biden will continue to be represented by other firms that have entered an appearance on behalf of Mr. Biden, and therefore has ample counsel,” Clark’s motion reads.

“Based on recent developments, it appears that the negotiation and drafting of the plea agreement and diversion agreement will be contested, and Mr. Clark is a percipient witness to those issues. Under the ‘witness-advocate’ rule, it is inadvisable for Mr. Clark to continue as counsel in this case,” his motion adds.

Clark is a partner at the law firm Clark Smith Villazor LLP and previously worked as an assistant U.S. attorney in the Southern District of New York. He has represented high profile clients, such as Elon Musk and Mark Cuban, in addition to Hunter Biden.

Another one of Biden’s attorneys, Abbe Lowell, was added as additional counsel for the Delaware case Monday. Lowell appeared Sunday on CBS News to defend Hunter Biden before he was put on the case. He also appeared Friday on CNN to defend his client in an interview with primetime host Kaitlan Collins, a former Daily Caller reporter.

Clark was representing Hunter Biden at the late July court appearance where his guilty plea and diversion agreement fell apart. Delaware U.S. District Judge Maryellen Noreika scrutinized an immunity provision tucked into Biden’s diversion agreement, causing a disagreement between DOJ prosecutor Leo Wise and Clark on the scope of Biden’s potential immunity.

Wise told Noreika that Hunter Biden could still be charged under the Foreign Agents Registration Act (FARA) related to his foreign business dealings and Clark disagreed, resulting in Hunter Biden pleading not guilty to his two tax misdemeanor charges.  (RELATED: House Oversight Releases Bank Records Showing Hunter Biden Took Millions From Russian And Ukrainian Oligarchs)

His legal team claimed in a Sunday filing that the diversion agreement is “valid and binding” despite the fallout between Biden’s lawyers and DOJ prosecutors. The DOJ indicated Biden’s case is likely to go to trial and moved to relocate his tax charges to either D.C. or the Southern District of California in a Friday motion.

Delaware U.S. Attorney David Weiss, the leading prosecutor in Hunter Biden’s case, was named special counsel Friday by Attorney General Merrick Garland. Republican Kentucky Rep. James Comer, chair of the House Oversight Committee, led Republican objections to Weiss’ appointment based on IRS whistleblower testimony showing DOJ prosecutors slow-walked and obstructed the Biden investigation under Weiss leadership.