Hunter Biden plea agreement on hold after judge questions scope of deal
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Hunter Biden’s plea deal involving tax and gun charges was put on hold Wednesday in a sudden twist that saw the judge presiding over the case questioning the parameters of the agreement with the Justice Department (DOJ).
Biden, 53, made his initial federal court appearance in Wilmington, Del., where he was expected to plead guilty to two misdemeanor counts of willful failure to pay income taxes as part of a deal announced last month with the DOJ.
But multiple outlets reported the deal is now on hold after U.S. District Judge Maryellen Noreika, a Trump appointee who is overseeing the case, raised concerns about the scope of Biden’s immunity from any potential future charges.
Court filings show Biden pleaded not guilty to the two tax crimes after Noreika gave the parties 30 days to explain why the deal, which she has to approve, should be accepted.
Noreika raised issues about a related deal in which Biden would agree to enter a pretrial diversion program in connection with a gun charge, according to AP.
The charge of possessing a gun while being an unlawful user of a controlled substance would normally carry a sentence of up to 10 years in prison, but the program would enable Biden to avoid prosecution or pleading guilty if he follows certain conditions.
Biden is now required not to possess a firearm, drink alcohol or use controlled substances, court filings indicate.
The development leaves the future of Biden’s criminal case unresolved after weeks of negotiations between his attorneys and federal prosecutors.
At one point during the hearing, Noreika reportedly gave the parties time to huddle about the issues while the plea deal appeared to be in serious jeopardy.
“I think having you guys talk more makes sense,” Noreika said, according to the AP, before declining to accept the deal.
The tax charges are connected to Biden’s alleged failure to pay income taxes on time in 2017 and 2018. Court documents indicate Biden did not pay taxes on time for at least $1.5 million in income he earned each year, creating a tax bill worth more than $100,000 each year. Biden reportedly paid off his tax liability in 2020.
The gun charge stemmed from his possession of a firearm in 2018, while he used crack cocaine. Biden denied drug use when applying to secure the gun.
President Biden has repeatedly defended his son as Republicans pounce on his legal troubles, but the White House has looked to distance itself from the case.
“Hunter Biden is a private citizen, and this was a personal matter for him. As we have said, the president, the first lady, they love their son and they support him as he continues to rebuild his life,” White House press secretary Karine Jean-Pierre said at Wednesday’s press briefing, referring further questions to the Justice Department.
The GOP previously attacked the plea agreement as a “sweetheart deal,” arguing it shows unequal justice for Republicans and Democrats.
An attorney for House Ways and Means Committee Chairman Rep. Jason Smith (R-Mo.) on Tuesday sought to file an amicus brief with the court that urged the judge to consider information from two IRS whistleblowers who recently testified before Congress before accepting the plea deal.
The whistleblowers — special agent Joseph Ziegler and his supervisor, Gary Shapley — testified the Justice Department showed preferential treatment to Biden and slow-walked the prosecution.
Republicans in particular have honed in on Shapley’s testimony that U.S. Attorney for Delaware David Weiss, a Trump appointee who has overseen the Hunter Biden case, was denied special counsel status to bring charges in other districts. Weiss and Attorney General Merrick Garland have denied the account.
Wednesday’s hearing also followed a series of last-minute, bizarre developments in which the judge accused a member of Hunter Biden’s legal team of misrepresenting themselves to the clerk’s office.
An administrative staff member at a law firm representing Biden called the clerk’s office to raise concerns about alleged social security information and other private details contained in the brief filed by Smith, the Ways and Means Committee chairman, on the public court docket.
The judge said the staff member had gotten it removed by pretending to be associated with Smith’s law firm, threatening sanctions.
But Biden’s team Tuesday night said the incident was a misunderstanding, claiming the staff member had never misrepresented themselves. There is no indication the matter was raised at Wednesday’s hearing.
Updated at 2:41 p.m.
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