Crime, Law and Justice

Hunter Biden plea deal falls through, at least for now, after judge expresses concern over agreement

Hunter Biden walks to the right
President Joe Biden’s son Hunter Biden, arrives for a court appearance, Wednesday, July 26, 2023, in Wilmington, Del.
Julio Cortez | AP Photo

President Joe Biden’s son Hunter’s plea deal on two tax charges fell apart on Wednesday, at least temporarily, after the federal judge hearing his case expressed concern over a related agreement on a more serious gun possession charge.

The outcome leaves in jeopardy the resolution of a yearslong investigation into Hunter Biden’s business dealings. He had been charged 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 made an agreement with prosecutors, who were planning to recommend two years of probation.

Last month, Biden was 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 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 If not, the deal would be withdrawn.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.

U.S. District Court Judge Maryellen Noreika, who was appointed by President Donald Trump, said she was concerned about the language in the diversion agreement, which contained details about not prosecuting Biden for tax crimes in the future. She suggested the lawyers get back together and discuss it.

“I think having you guys talk more makes sense,” she said to the attorneys.

It wasn’t immediately clear whether the lawyers could resolve the case Wednesday.

The deal 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.