Skip to content
Version 1.0.0
Sentencing Law and Policy
Part of the Law Professor Blogs Network

Not a done deal: Hunter Biden ends up pleading not guilty to federal charges after district judge raises concerns about plea deal particulars

By Douglas Berman

As reported in this AP piece, “President Joe Biden’s son Hunter pleaded not guilty Wednesday to two tax crimes after a deal with federal prosecutors unraveled during a court hearing following the judge’s concerns over the agreement.”  Here is more:

Hunter Biden was charged last month with two misdemeanor tax crimes of failure to pay more than $100,000 in taxes from over $1.5 million in income in both 2017 and 2018, and he was expected to plead guilty after he made an agreement with prosecutors, who were planning to recommend two years of probation.  That deal is now on hold.  But during the hearing Wednesday, there was a dispute in court over whether the initial agreement gave him protection against any future charges.  U.S. District Court Judge Maryellen Noreika, who was appointed by President Donald Trump, raised concerns about the language of the deal.

Biden had also been charged with possession of a firearm by a person who is a known drug user, a felony.  He had a Colt Cobra .38 Special for 11 days in October 2018.  He had agreed to enter into a diversion agreement, which means that he would not technically plead guilty to the crime.  As long as he adhered to the terms of his agreement, the case would be wiped from his record. If not, the deal would be withdrawn.  The charge carries a maximum sentence of 10 years in prison.

The overlapping agreements created confusion for the judge, who said the lawyers needed to untangle the issues before moving forward.  “It seems to me like you are saying ‘just rubber stamp the agreement, Your Honor.’ … This seems to me to be form over substance,” she said.  She gave defense lawyers and prosecutors 30 days to explain why she should accept the deal.

The collapsed proceedings were a surprising development because the plea had been carefully negotiated over weeks and included a lengthy back-and-forth between Justice Department prosecutors and Biden’s attorneys.  It was meant to clear the air for Hunter Biden and avert a trial that would have generated weeks or months of distracting headlines.  But the politics remain as messy as ever, with Republicans insisting he got a sweetheart deal and the Justice Department pressing ahead on investigations into Trump, the GOP’s 2024 presidential primary front-runner.

Prior related posts: