Hunter Biden's criminal attorney files motion to withdraw from his federal case

Washington — Hunter Biden's top criminal defense attorney filed a motion on Tuesday asking to depart the first son's legal team in Delaware weeks after a plea agreement he had negotiated with federal prosecutors fell apart, according to newly filed court documents. That breakdown precipitated Attorney General Merrick Garland's decision last week to elevate the U.S. attorney handling the matter to special counsel status. 

Christopher Clark sought permission Tuesday from a federal judge to withdraw from Hunter Biden's defense, citing the possibility that the now-defunct plea agreement and other discussions with prosecutors could become the focus of a new legal dispute. 

"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," the motion filed by Biden's attorneys Tuesday said. "Under the 'witness-advocate' rule, it is inadvisable for Mr. Clark to continue as counsel in this case."