Contained within a footnote of a Monday filing, Hunter's legal team claimed that his plea deal and diversion agreement were "largely dictated" by DOJ prosecutors, and that it's still "valid and binding," and that the government said in court that the agreement was "in effect," and stands apart from Hunter's now-dead plea deal.

The DOJ denies this, writing in a Tuesday filing reported by the Daily Caller: "The Government never said the proposed diversion agreement was in effect because it is not," according to special counsel David Weiss. "And in none of the portions of the transcript that the Defendant cites in this footnote did the Government say the diversion agreement was in effect. In fact, the Government said the opposite."