Lawyers for President Joe Biden’s son Hunter said prosecutors have reneged on the plea deal that would have resolved tax and firearms charges Hunter was facing. The plea deal was rejected by U.S. District Judge Maryellen Noreika in July.

Under the plea deal, Biden would have pleaded guilty to not paying taxes on $1.5 million in income between 2017 and 2018. He also would have entered into a separate deferred prosecution agreement for illegally owning a firearm while using drugs.

In rejecting the proposed plea deal, Noreika raised concerns over its legality, as well as the scope of immunity it offered Hunter Biden. On Friday, Aug. 11, Delaware federal prosecutors said plea negotiations had broken down, and the case may be headed for a criminal trial.

Following the breakdown in plea deal negotiations, Attorney General Merrick Garland named Delaware U.S. Attorney David Weiss as special counsel in the Hunter Biden case. At the announcement Friday, Garland noted the “extraordinary circumstances” of the matter.

“Mr. Weiss has told Congress that he has been granted ultimate authority over this matter, including the responsibility for deciding where, when and whether to file charges and for making decisions necessary to preserve the integrity of any prosecution consistent with federal law, the principles of federal prosecution and departmental policies,” Garland said. “This appointment confirms my commitment to provide Mr. Weiss all the resources he requests. It also reaffirms that Mr. Weiss has the authority he needs to conduct a thorough investigation and to continue to take the steps he deems appropriate independently, based only on the facts and the law.”

Weiss is an appointee of former President Donald Trump who has been investigating the Hunter Biden case since 2019.

If the case goes to trial, it will likely happen as President Biden is campaigning for reelection. President Biden will likely be facing former President Donald Trump, who is currently facing three criminal trials and may face a fourth of his own.