In a letter written by Hunter Biden’s attorney, Chris Clark in October 2022, it was revealed that President Biden, if the Department of Justice brought charges against him for possessing a gun while being a drug-user, would be required to testify.

In a letter of 32 pages obtained by Politico, the lawyer wrote: “President Biden would unquestionably be a fact-witness for the defense in any trial.”

Clark’s remarks were in response to an anonymous leak by the Washington Post. The Washington Post reported that federal investigators thought there was “sufficient proof” to charge Hunter with tax crimes, and false statements related to a firearm purchase.

Politico’s description of the documents noted that Clark’s growing concern over the politicization the Hunter investigation — specifically the former president Donald Trump, and Senator Chuck Grassley, R., Iowa — could “create political chaos and constitutional chaos” by pitting President Trump against his Justice Department.

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The lawyer said that “this of all cases does not justify the spectacle of a President in office testifying before a criminal court nor the possibility of a Constitutional crisis that could result,” he wrote.

Clark, who previously represented Mark Cuban and Elon Mussoh as well as business titans such Elon Musk and Mark Cuban, withdrew on Tuesday from representing the President’s son after prior plea bargain negotiations with the DOJ failed.

Clark and U.S. attorney David Weiss negotiated an initial agreement whereby Hunter would plead to misdemeanor charges of tax and take part in a diversionary program before trial to erase the felony charge of gun possession. Hunter would then be granted immunity against future charges including any charges related to the alleged foreign influence peddling by congressional Republicans.

The deal collapsed in court after U.S. District Court Judge Maryellen Noreika questioned how broad the immunity was under the agreement.

In a court document filed earlier this week, a Biden official stated that “it appears the negotiation and writing of the plea agreement and the diversion agreement will likely be contested.” Mr. Clark was a witness to these issues. It is not advisable that Mr. Clark continue to act as counsel in this matter.

David Weiss was appointed as special counsel by Merrick Garland, the attorney general of California on Friday. He will oversee “the ongoing [federal] investigations” into Hunter Biden and “any other issues that may or have arisen from this investigation”.

The move has been criticized by prominent Republican legislators, who have noted that Weiss originally crafted a plea agreement that was accommodating.