Attorney Chris Clark has asked Judge Maryellen Noreika of the United States District Court for the District of Delaware to withdraw from the case. Clark is a longtime confidant and attorney representing Biden and is likely to be called as a witness at trial.

Pursuant to Delaware Rule of Professional Conduct 3.7(a), “a lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary witness unless… disqualification of the lawyer would work substantial hardship on the client.”