Hunter Biden’s plea: What’s next after explosive court hearing derails no-jail agreement?

Hunter Biden’s Planned Plea ⁤Agreement Falls Apart​ in Tumultuous Court Hearing

WILMINGTON, Delaware

— Hunter⁤ Biden’s planned plea agreement ​fell apart Wednesday after a tumultuous federal court hearing where lawyers ⁢disagreed about the scope of the deal and the presiding judge raised⁢ “concerns” about the terms.

The hearing began at 10⁣ a.m. sharp but lasted more than three hours, ending with U.S. District Judge Maryellen Noreika ⁤adjourning in order for prosecutors and the defense team to clarify ⁣their agreement. ‍Hunter Biden was expected to plead guilty to two misdemeanor tax offenses and⁢ likely avoid a penalty over a ⁢felony gun charge.

“You all are telling me, ‘Just rubber-stamp the agreement, ⁣Your Honor,’”⁣ Noreika told attorneys⁣ in the room before she refused to sign off on‍ the deal ‌for now.

What Happens Next?

Can Judge Revive the Plea Deal?

Noreika’s decision on Wednesday​ does ⁣not ‌mean ⁢the deal concocted by U.S. Attorney​ David Weiss’s office and Biden’s counsel is dead,‌ but both ⁢parties will now ⁤have ⁢to⁢ alleviate Noreika’s concerns about specific aspects of the deal and her role in enforcing a pretrial diversion agreement. That ⁤portion of the deal, if approved, would help the first son avoid prison time ⁢on the gun charge ‍if he remains sober for two years and doesn’t ⁣break any other laws.

Also of significance is that Biden will be able to withdraw his “not guilty” pleas he entered Wednesday if Noreika ultimately ⁤approves the deal. He​ would then replace them with guilty pleas on the tax charges, and Weiss’s ​office would defer ⁢prosecution on the gun felony.

How Did the Deal‌ Fall Apart?

From the start of the hearing, Noreika was highly skeptical ​of the deal, which offered the younger Biden a wide scope of immunity from prosecution‍ in perpetuity. She asked prosecutor Leo Wise if there was any precedent for this type ⁢of deal being proposed, to which he ‍responded, “No, Your Honor.”

She ​was also concerned⁢ with a provision of ​the diversion agreement that stated prosecutors‌ could not level further charges against Biden for certain crimes if she did not make a finding that the agreement had ‌been violated.

At one​ point, Noreika asked Wise whether there was still an ‍”ongoing ⁢investigation here.”

“There is,” Wise said, adding that he could not divulge information related to the probing.

Noreika then asked a hypothetical question about whether the government could bring a charge related to the Foreign Agents Registration Act, to which‌ Wise said, “Yes.” It ⁣was at that point that the initial plea ‍deal began to fracture as defense ‌attorney Chris Clark said his​ team would not agree⁢ with that.

“As far as I’m ‌concerned, the plea agreement is null and ⁣void,”‍ Clark said.

As the hearing neared a close at around 1 p.m., Noreika announced, “These agreements are not straightforward, and they contain some atypical provisions.”

After that, ‌Hunter Biden pleaded not guilty as the charges remain pending.

What Did‍ We⁤ Learn About ‍the Younger Biden?

Noreika asked a line of questions about the first son’s journey to sobriety ⁣and his business dealings. The younger ⁢Biden affirmed that he had been sober since June 2019, the‍ month that began his most recent marriage, and that he had been to six in-patient rehabilitation facilities since 2003.

Prosecutors said the younger ‌Biden took in $2.4 million in income in 2017 and $2.1‌ in 2018 through⁢ Ukrainian energy firm Burisma, a Chinese development firm known⁣ as ⁢CEFC, as well as domestic business ‌interests and legal services. They added that⁣ Biden’s ‌accountant prepared his taxes both of those years, though ‌his corporate and personal taxes went unpaid.

Wise said those earnings came while the first son made large cash withdrawals and covered other transactions like car payments on a Porsche. At some ⁤point, a so-called third party paid​ back the taxes along with significant penalties.

Hunter Biden told ⁣the ‍judge⁢ that the back taxes were paid pursuant to a personal loan that he has⁢ not begun repaying.

What Happens ⁢Now?

Noreika gave prosecutors and Biden’s defense team 30 ​days to further discuss the details of the agreement, and the court is expected to reconvene in the coming weeks to reexamine the case.

“I would like⁤ to understand⁣ why it is ⁢appropriate and why I would not be out of my‍ lane,” she told the parties, objecting strongly to how a violation of ⁢the plea agreement’s terms would be handled if the younger​ Biden breached any part of the two-year diversion program.

The Justice Department typically could independently verify if the younger Biden breached the ​agreement and subsequently could⁤ bring charges. But Biden’s attorney, concerned that the Justice Department might abuse its authority if former ‌President Donald Trump should be reelected, succeeded in convincing Weiss’s team ‌to give that discretion to Noreika, arguing the judge​ would be a neutral arbiter.

Noreika strongly hinted her belief​ that such an arrangement would⁣ be ⁣unconstitutional​ because it ​would effectively give‍ her prosecutorial powers, saying she was worried she ​would become a “gatekeeper” to criminal charges.

“You plop me right in there,” she added.

She‌ told the parties to brief her about why the plea deal​ should be categorized under what she called “subsection B,” which is a provision of federal judicial rules that covers typical plea deals. Noreika asked them to scour opportunities to create a pretrial ⁢diversion ⁤agreement that wouldn’t require the ‌court’s involvement before charging Biden‌ with a⁣ crime for any potential violation of the deal.

Hunter Biden left the courthouse in his⁢ motorcade after the hearing⁢ and did​ not address the press.

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