Weiss vigorously disputed both claims yesterday.

 Weiss vigorously disputed both claims yesterday. 

"The Government did not 'renege' on the 'previously agreed-upon Plea Agreement,' as the Defendant inaccurately asserts," he wrote in a reply to Biden's filing. He noted that Biden "chose to plead not guilty at the hearing on July 26, 2023," and the U.S. Probation and Pretrial Services System "declined to approve the proposed diversion agreement at that hearing." As Weiss sees it, "neither proposed agreement entered into effect."

As of the July 26 hearing, Weiss said, "the two proposed agreements were drafts that either party could propose changes to," and "both parties did so following the hearing." But the two sides could not agree on final versions of the agreements, which is why Weiss decided to try the tax case.

On the same day that Weiss announced that decision, Clark moved to withdraw as Biden's attorney. "Based on recent developments," Clark's lawyer wrote, "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." The motion noted that Biden "will continue to be represented by other firms."