The unraveling of Hunter Biden’s plea agreement has thrust his criminal case into uncertain waters and given new fodder to Republican critics in Congress as they push ahead with investigations into the president’s youngest son.
The unraveling of Hunter Biden’s plea agreement has thrust his criminal case into uncertain waters and given new fodder to Republican critics in Congress as they push ahead with investigations into the president’s youngest son.
Biden was supposed to plead guilty Wednesday to misdemeanor charges for failing to pay taxes. But U.S. District Judge Maryellen Noreika in Delaware put the brakes on the guilty plea after raising concerns during an hourslong hearing about the structure and terms of the agreement and another deal that would allow him to avoid prosecution on a gun charge if he meets certain conditions.
Plea deals are carefully negotiated between defense lawyers and prosecutors over the course of weeks or months and it’s unusual — especially in high-profile cases — for judges to not sign off on them. But Wednesday’s hearing revealed that the two sides apparently did not see eye to eye on the scope of the agreement around a non-prosecution clause for crimes outside of the gun charge.
A look at what happens now in the criminal case and what’s next for the Biden investigations in Congress:
Noreika — an appointee of former President Donald Trump — told both sides to file written briefs addressing her concerns within 30 days. Among other things, Noreika took issue with a provision in the agreement on the gun charge that she said would have created a role for her where she would determine if he violated the terms. The lawyers said they wanted her to serve as a neutral fact finder in determining if a violation happened, but Noreika said that is the Justice Department’s job — not the judge’s.
Hunter Biden’s lawyers and the Justice Department also disagreed on the extent to which the agreement gave him immunity from future prosecution.
