Special counsel David Weiss will seek to indict Hunter Biden before the end of this month, the prosecutor said in a court filing updating a judge on his investigation into the president’s son’s failure to pay taxes.

“The Speedy Trial Act requires that the Government obtain the return of an indictment by a grand jury by Friday, September 29, 2023, at the earliest,” Weiss wrote.

“The Government intends to seek the return of an indictment in this case before that date.”

The filing from Weiss comes as a plea deal with Biden fell apart before it could be approved by a judge. 

Biden was prepared to plead guilty to two counts of willful failure to pay taxes as well as enter a diversion program relating to a failure to acknowledge drug use when purchasing a gun.

But the deal collapsed as it was reviewed by a judge, with prosecutors and attorneys for Biden left unclear the extent the president’s son would be immune to prosecution on other matters.

Weiss – the U.S. Attorney for Delaware who was shortly thereafter appointed as a special counsel – subsequently notified the court he may seek to file charges against Biden in other venues, including Washington, D.C. and California. 

Both locations were pointed to by IRS investigators who have since spoken with congressional investigators as whistleblowers as locations where the Justice Department was able to gather stronger evidence of tax crimes. 

Biden’s attorneys have argued federal prosecutors opted to “renege on the previously agreed-upon Plea Agreement” and argued the diversion program to avoid jail time agreed to previously should remain in place.

In a Wednesday court filing Biden’s attorneys said he “has been following and will continue to follow the conditions of that Agreement.”

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