Hunter Biden’s plan to enter a guilty plea as part of a deal with federal investigators suffered a stunning collapse on Wednesday after a three-hour hearing that saw his defense team and prosecutors tussle in open court about the terms of the agreement.
The 53-year-old Biden, wearing a blue suit with a navy blue tie, walked into a federal court in Delaware ready to accept a controversial plea deal for a pair of misdemeanor tax charges, which would avoid a gun case that carries a maximum penalty of 10 years in prison.
But within minutes, the plan started to unravel with the presiding judge grilling both sides and ultimately refusing to accept the Justice Department’s terms with President Joe Biden’s youngest son.
As a result, Hunter Biden pleaded not guilty to the two misdemeanor charges that he failed to pay his taxes in 2017 and 2018, when he received more than $1.5 million each year. The legal snag keeps the case in the news, giving Joe Biden’s opponents more ammunition related to the saga orbiting his son.
Here are the important moments to know about Wednesday’s hearing.
Judge questions Hunter Biden plea agreement
U.S. District Judge Maryellen Noreika, who presided over Wednesday’s hearing, was skeptical from the start and peppered both sides with critical questions.
She asked prosecutors if the deal meant Hunter Biden would be immune from prosecution for other crimes, such as investigations related to his work with foreign governments. The judge was told it didn’t.
That’s when Hunter Biden’s lawyer stood to say the agreement with the feds was “null and void,” which almost blew up the entire situation.
Noreika, a Trump-appointed judge, later asked prosecutors if there was a precedent for such broad immunity in this kind of deal, and she was told there wasn’t. Then she called for a 10-minute recess, and later expressed frustration at how the agreement tied her hands.
“You all are telling me, ‘Just rubber stamp the agreement, Your Honor,’” Noreika told the lawyers.
What’s going on with the plea deal now?
The two tax fraud charges carry a maximum of 12 months in prison each, but prosecutors are expected to recommend probation.
Hunter Biden also is charged in connection with the purchase of a handgun in 2018, however. In that case, he is accused of lying on a government form that he was not using drugs when he obtained the firearm.
Under the agreement, prosecutors are offering not to prosecute him as long as he doesn’t own a gun and doesn’t use illegal drugs for at least two years.
After being grilled by Noreika, who questioned if that was part of the tax plea deal, Biden’s attorney and prosecutors agreed that the gun diversion agreement is separate.
The younger Biden’s not guilty plea Wednesday will reverse if his attorneys and the federal prosecutors change their agreement − which is expected to take two weeks − to the judge’s satisfaction.
Last-minute filing by GOP lawmaker
A day before Biden’s plea hearing, Rep. Jason Smith, R-Missouri, submitted a court filing that claimed a member of Biden’s legal team lied to the court.
Smith, chairman of the powerful House Ways and Means Committee, which hosted testimony from two IRS investigators last week, has been one of most outspoken lawmakers about the investigation.
The GOP lawmaker alleged that Biden “appears to have benefited from political interference.” He said that the court should consider what the agents told Congress when considering whether to accept the plea deal.
“Republicans are united in getting to the truth of this investigation and will follow where the facts lead,” Smith said in a July 19 tweet.
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Calls for sanctions against Hunter Biden’s legal team
That last-minute drama caused another problem for Biden’s lawyers, who request the judge remove exhibits in Smith’s filing they said had sensitive financial information about their client.
Smith’s attorneys rejected that argument, saying the information contained in the exhibits is already available in congressional committee records.
At some point, an attorney employed by a firm that is part of Biden’s legal team called the court in Delaware and made it seem as if she worked with Smith’s attorneys when she requested the exhibits be taken down, according court records.
“It appears that the caller misrepresented her identity and who she worked for in an attempt to improperly convince the clerk’s office to remove the amicus materials from the docket,” the judge’s order said.
No Biden family members attended the hearing
President Biden has stood by his son during his legal and personal turmoil, saying he is “very proud” of his son following Hunter Biden’s plea deal.
“Hunter Biden is a private citizen, and this was a personal matter,” White House press secretary Karine Jean-Pierre said Wednesday.
But as much as the Biden administration and the president’s reelection campaign would like the public to move on, they are fully aware of how many voters feel about this situation.
A Reuters/Ipsos survey showed half of Americans believe that Hunter Biden is receiving favorable treatment from prosecutors because he is President Joe Biden’s son, including 33% of Democrats and 42% of independents.
“I don’t think that it was a good deal for the American public,” Rep. Harriet Hageman, R-Wyoming, a member of the House Judiciary Committee, told USA TODAY.
“I think it was clear he was getting favored treatment because he’s the president’s son and they’re trying to close down and shut down the investigations into the Biden (family).”
