Jonathan Turley skewers DOJ after Hunter Biden plea deal falls apart: 'A problem of their own making'

Constitutional law professor Jonathan Turley argued the failed Hunter Biden plea agreement was the Justice Department's own fault. On "Outnumbered" on Wednesday, Turley explained that the DOJ's inconsistent messaging on the case — simultaneously trying to bring it to an end while also claiming the investigation is ongoing — led the judge to question the agreement.

HUNTER BIDEN PLEA DEAL FALLS APART DURING FIRST COURT APPEARANCE

JONATHAN TURLEY: This is really a case of the Department of Justice being hoisted on its own petard, because the Justice Department needs to say that there's an ongoing investigation to stop giving information, holding back witnesses to Congress. They need that element. But this judge immediately called them on it and said, "Well, what is it?" The Hunter Biden team said publicly that they believe this was a closed-out plea agreement, which is what I would have negotiated as defense counsel. There is no way I would agree to a plea agreement where we didn't close out the charges. Otherwise, you've got Damocles' sword hanging over your client's head. And the Hunter Biden people said, "That was our understanding. There's nothing further involving our client." But that's inconsistent with the DOJ, which is using the ongoing element to hold off Congress. And so this is really a problem of the DOJ's making. They want to cap off this case and end it, but they also want to pretend that it's ongoing. And you can't have that ambiguity with a federal judge.

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Hunter Biden's plea deal fell apart during his first court appearance Wednesday morning, as federal prosecutors confirmed the president's son is still under federal investigation. 

Hunter Biden was expected to plead guilty to two misdemeanor tax counts of willful failure to pay federal income tax as part of plea deal to avoid jail time on a felony gun charge.

But Judge Maryellen Noreika pressed federal prosecutors on the investigation and questioned whether there was the possibility for future charges.

The judge asked prosecutors whether Hunter Biden was currently under active investigation. Prosecutors said he was, but would not answer specifically what the president's son is under investigation for.  

Fox News' Brooke Singman contributed to this report.