A letter from Biden lawyer Chris Clark and since cited by US media read: “President Biden now unquestionably would be a fact witness for the defense in any criminal trial."
Clark sent the letter to the US attorney responsible for the probe after reports emerged in October 2022 that prosecutors were considering charging Biden with purchasing a firearm as an illegal drug user, the report said.
Clark reportedly exchanged more than 300 documents and emails with government prosecutors, which were shared with US media by a person familiar with the communications.
Prosecuting Biden would be perceived as a political move, Clark said, adding that the prosecution could violate the Second Amendment of the US Constitution, which guarantees the right to keep and bear arms.
Moreover, a recent US Supreme Court ruling that held all gun restrictions have to be consistent with those of the country’s foundational years could be used to argue that laws preventing drug users from owning firearms are unconstitutional, Clark said.
The official went on to note that the case justifies neither making the president serve as a witness at a criminal trial nor risking the possibility of a constitutional crisis.
Last week, Clark requested to withdraw from defending Biden in the case due to the potential need to appear as a witness in forthcoming legal proceedings.
The Justice Department’s case against Biden comes alongside probes by US House lawmakers into potential criminal activity by the Biden family, including foreign bribery and influence peddling. Joe Biden has denied discussing foreign business deals with his son and declined to comment on the ongoing case.