Hunter Biden plea agreement on hold after judge questions scope of deal

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 reached with the Justice Department.

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 Department of Justice (DOJ).

The deal is now on hold after U.S. District Judge Maryellen Noreika, a Trump appointee who is overseeing the case, reportedly raised concerns about the scope of Biden’s immunity from any potential future charges. 

Court filings show Biden ended up pleading 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 had 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 normally would 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 to not possess a firearm, drink alcohol or use controlled substances, court filings indicate.

Prosecutors last month announced a plea deal following a five-year investigation into the president’s son, which began before his father’s 2020 campaign. 

Wednesday’s hearing was intended to formalize that agreement in front of the judge, but the three-hour, whirlwind proceeding left the future of Biden’s criminal case unresolved.

The AP reported Noreika questioned whether the deal would immunize Biden from future charges. Prosecutors, without revealing details, reportedly indicated at the hearing that Hunter Biden remains under active investigation.

At one point during the hearing, Noreika reportedly gave the parties time to huddle about the issues during which the plea deal appeared to be in serious jeopardy.

“I think having you guys talk more makes sense,” Noreika said, according to the AP.

After raising the concerns, the judge ultimately put the deal on hold as she allowed the parties more time to respond in writing, court filings show.

The tax charges are connected to Biden’s alleged failure to pay income taxes on time in 2017 and 2018. Court documents indicate he 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 the president’s son’s 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. The White House has consistently distanced itself from the case.

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 Jason Smith (R-Mo.) on Tuesday sought to file a longshot 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 that the Justice Department showed preferential treatment to Biden and slow-walked the prosecution.

Republicans have in particular 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. Both 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 Biden’s legal team of misrepresenting themselves to the clerk’s office.

An administrative staff member at a law firm representing Biden had called the clerk’s office raising 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 the law firm representing Smith, threatening sanctions.

But Biden’s team on 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 5:31 p.m.