Washington — Prosecutors say they will ask a grand jury to return an indictment against Hunter Biden before Sept. 29, special counsel David Weiss informed a federal judge in Delaware on Wednesday. 

The news comes after a tentative plea deal between the government and Hunter Biden's attorneys over taxes and diversion agreement on a firearms charge fell apart this summer. The president's son had originally been charged by two separate criminal informations with misdemeanor tax offenses and a felony firearm offense. But in open court, a federal judge questioned provisions of the tentative deal that would have allowed the president's son to avoid prison time. After that, Hunter Biden pleaded not guilty to the three charges.

Weiss, who was elevated to special counsel last month, cited the Speedy Trial Act as the impetus for the short timeline. His filing was made in response to a federal judge's questions about the status of the firearms case and the diversion agreement after the deal with Hunter Biden's legal team fell through in July. 

"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."

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In a court filing of their own on Wednesday, Hunter Biden's lawyers said their client has continued to abide by the parameters of the firearm diversion agreement, which called for him to remain drug-free without committing additional crimes in order to see the gun charge dismissed.

"We believe the signed and filed diversion agreement remains valid and prevents any additional charges from being filed against Mr. Biden, who has been abiding by the conditions of release under that agreement for the last several weeks, including regular visits by the probation office," said Hunter Biden's attorney Abbe Lowell. "We expect a fair resolution of the sprawling, 5-year investigation into Mr. Biden that was based on the evidence and the law, not outside political pressure, and we'll do what is necessary on behalf of Mr. Biden to achieve that."

The White House referred to Hunter Biden's personal attorneys for comment. 

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