Hunter Biden pleaded not guilty to misdemeanor tax charges in a federal courtroom in Delaware Wednesday after U.S. District Court Judge Maryellen Noreika put a plea deal his lawyers had reached with prosecutors on hold.
In June, Biden was charged with two misdemeanor counts of failing to pay taxes in 2017 and 2018. The original deal included a recommendation of probation for the tax violations, while a separate gun charge for illegally owning a Colt Cobra .38 Special handgun would be dropped if Biden met certain conditions laid out in court.
“I cannot accept the plea agreement today,” said Noreika, as quoted by the New York Times, complaining that both sides viewed her as a “rubber stamp.” The judge described the deal struck with U.S. Attorney David Weiss of Delaware as “unusual” and questioned why the deal contained some “non-standard terms,” such as “broad immunity” from other potential charges, according to CNN.
When she asked prosecutor Leo Wise if there was precedent for the kind of deal proposed, he replied, “No, your honor,” according to the Times. Noreika also asked prosecutors if Biden would be immune from prosecution for possible crimes such as violations related to representing foreign governments without registering. When they responded “No,” Hunter Biden’s legal team said the agreement was “null and void.”
The issue of whether there is an ongoing investigation into Biden was germane from the day the charges were announced. At the time, Biden’s lawyer, Christopher Clark, said he understood the investigation to be over, but Weiss’s office clearly stated in a June press release that the investigation was ongoing. During the hearing, the prosecution confirmed to Noreika that the investigation is still open.
The judge called a recess during which the prosecution and the defense agreed to revise the scope of the plea deal. Under that revised agreement, the deal would only cover the period from 2014-2019 and would only include conduct related to tax offenses, drug use, and gun possession, CNN’s Manu Raju reported.
However, the judge ultimately decided to delay a decision on whether to accept the deal, leading Biden to enter the pro-forma plea of not guilty. The plea will reverse if the two sides revise their agreement to the judge’s satisfaction.
Noreika also had a separate concern about the two-year diversionary program Biden would participate in to avoid the gun charge. The judge objected to how a violation would be handled. According to the Times, typically, the Justice Department could independently verify any breach and bring charges, but Biden’s team successfully pushed for the power to be directed to Noreika. The newspaper reported that Biden’s legal team was concerned about the DOJ abusing its authority if Donald Trump was re-elected.
In comments reacting to the earlier breakdown among the parties and the narrowing of the deal, Senator Josh Hawley (R., Mo.) said the surprising turn of events signaled there’s potential for prosecution moving forward.
“It’s very telling that the judge intervened here and said basically, ‘No, I’m not going to approve some sweeping blanket deal,’” said Hawley.
Since it was announced, Republicans have decried the deal as too lenient. House Speaker Kevin McCarthy (R., Calif.) has also floated a possible impeachment inquiry over allegations President Joe Biden was connected to his son’s foreign-business dealings. The president has denied the allegations.
This is the first time the Justice Department has charged the child of a sitting president.