Hunter Biden faced two tax misdemeanour charges in Delaware that were dismissed by a federal judge as part of his now-defunct plea agreement. This opened the door for special counsel David Weiss to potentially file more charges in another state as part of his ongoing investigation.

Weiss’ attorneys urged District Judge Maryellen Noreika to dismiss the charges in Delaware after the plea agreement fell through earlier this month so that additional charges may potentially be filed in California or Washington, DC. The charges should be dropped, Hunter Biden’s attorneys agreed, given they were only filed in Delaware as part of an earlier plea deal.

On Thursday, Noreika granted the procedural request.

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Due to late tax payments in 2017 and 2018, there were two misdemeanour charges filed in Delaware. Hunter Biden may be charged with more serious offences if no plea agreement is reached: The president’s son should be charged with six federal offences, including tax evasion and submitting fake tax returns, according to IRS whistleblowers who worked on the case and testified before Congress.

It’s still unknown what will happen with a different but connected agreement to settle a felony gun possession allegation.

The bargain, according to the prosecution, never materialised. Lawyers for Hunter Biden claim that it is still enforceable and lawful. The fate of the agreement, which said that prosecutors would dismiss the gun charge in two years if Hunter Biden stayed out of trouble, will be decided by Noreika.

It is up to Noreika to decide the status of that deal, which called for prosecutors to drop the gun charge in two years if Hunter Biden stayed out of legal trouble and passed drug tests.

Weiss is carrying out the probe as special counsel.

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A prosecutor in the case informed the judge at the court hearing on July 26 where the plea agreement began to fall apart that the investigation into Hunter Biden’s alleged violations of foreign lobbying laws was ongoing and that additional charges might be filed. That portion of the FBI-led investigation into possible violations of the Foreign Agent Registration Act has been a part of the Hunter Biden investigation for a long time.