During the hearing was it also became clear that Wise and Biden's lawyer,

 During the hearing was it also became clear that Wise and Biden's lawyer,

 Christopher Clark, disagreed about the scope of the defendant's immunity. Rather than sign off on the plea deal, Noreika directed both sides to hammer out a clearer, less legally problematic arrangement. Last Friday, Weiss said those negotiations had reached "an impasse," meaning that Biden's tax case will go to trial.

Weiss asked Noreika to dismiss the tax charges without prejudice, saying the proper venue to try that case is not Delaware but either the District of Columbia or the Central District of California. He said his office agreed to handle the case in Delaware based on the understanding that Biden "would waive any challenge to venue and plead guilty in this District." Since Biden did not plead guilty at the July 26 hearing and subsequent negotiations were unsuccessful, Weiss wrote in his motion, "a trial is in order."

In their response on Sunday, Biden's lawyers complained that the Justice Department had decided to "renege" on the plea deal. But they maintained that "the parties have a valid and binding bilateral Diversion Agreement," which they said had already taken effect.