Hunter Biden, the son of President Joe Biden, was seen leaving federal court after a plea hearing regarding two misdemeanor charges of willfully failing to pay income taxes in Wilmington, Delaware on July 26, 2023 (Ernst, Reuters). The legal team representing Hunter Biden has informed the judge that federal prosecutors have reneged on a previously agreed deal, wherein Hunter Biden would plead guilty to tax crimes and receive a recommended no-jail sentence. However, they argue that a separate agreement regarding a gun-related crime remains valid and binding. District Court Judge Maryellen Noreika has ordered U.S. Attorney for Delaware David Weiss to respond to the new court filing by noon ET on Tuesday. These recent developments mark further complications in the Hunter Biden criminal case, which unexpectedly took a turn during the hearing where he was expected to enter a guilty plea.
Prosecutors appointed Weiss as the special counsel for the case after failed plea negotiations with Hunter Biden’s lawyer. The filing also suggests that Hunter Biden may face trial in California or Washington, D.C., and potentially face additional charges. Hunter Biden’s lawyer, Chris Clark, expressed confidence that his client will ultimately find a resolution and move forward successfully. The charges he intended to plead guilty to involved the failure to pay federal income taxes on an annual income surpassing $1.5 million in 2017 and 2018. Prosecutors had offered probation as a recommended sentence for these convictions.
Additionally, they proposed a diversion agreement for Hunter Biden, dropping the criminal charge of possessing a gun while being a drug user, contingent on his compliance with certain conditions within a specific timeframe. However, these agreements fell apart when Judge Noreika raised concerns about their terms during the hearing and questioned the authority to set conditions according to federal case law. A significant point of contention for the judge was the requirement that she, rather than the U.S. Department of Justice, determine if Hunter Biden violated the gun agreement over the course of two years. Hunter Biden’s lawyer cited the desire to prevent undue politicization of the deal, particularly in light of the possibility of Donald Trump being elected president in 2024.
Following Noreika’s decision to grant more time for prosecutors and defense lawyers to address her questions, Hunter Biden entered a plea of not guilty to the tax crimes. In their weekend filing, his lawyers acknowledged the need to respond to the judge’s inquiries from the July 26 hearing. However, they deemed this moot given the U.S. government’s decision to back out of the previously agreed-upon Plea Agreement (Anonymous source).
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