Noreika questioned why it would “plop” her in the middle of a deal she didn’t have a say in, and potentially block the Justice Department from bringing charges, a function of the executive branch.īiden’s attorney said given the politicization of the case, they wanted a neutral arbiter like Noreika to handle any potential disputes. The diversion agreement – which isn’t often submitted to a judge – has a provision that says if there is a dispute over whether Hunter Biden breached the terms of the deal, it would go to the judge for fact-finding. Noreika expressed frustration that the two sides structured the tax and gun plea deals in a way where she would need to approve the gun deal, but had no powers to approve or reject the tax agreement. The judge said Wednesday that the deal to resolve the gun charge was “not straightforward” and contains “atypical provisions.” The felony charge revolves around a gun Hunter Biden bought in 2018 – which was an illegal purchase because he knew he was an illegal drug user at the time, according to court filings. She said she has “concerns about the constitutionality” of the gun deal because it might violate separation of powers principles. Things then appeared to be back on track and Noreika pressed forward with addressing the separate gun deal. Judge questions constitutionality of gun deal After a break, he announced that he was accepting the Justice Department’s position that his client was still at risk of possible FARA charges, with an investigation still underway. But Chris Clark, Hunter Biden’s lawyer, asked for a short recess to consult with the prosecutors. It appeared at that moment that the plea agreement was on the brink of collapse. Without a “meeting of the minds,” as Noreika put it, there could be no deal. Noreika began asking him a series of procedural questions that are asked at basically every federal plea hearing.īut as things dragged on, and Noreika quizzed the lawyers from both sides about the particulars of the tax deal, she sussed out a disagreement between the parties on a critical question: Did the deal protect Hunter from possibly facing additional charges for illegal foreign lobbying, known as FARA (The Foreign Agents Registration Act)? The Justice Department said no, but Hunter Biden’s team thought yes. Hunter Biden was placed under oath and told US District Judge Maryellen Noreika – an appointee of President Donald Trump who was supported by Senate Democrats – that he wanted to plead guilty. The proceedings kicked off in routine fashion. Hearing goes sideways over foreign lobbying questions Here’s what happened Wednesday and what happens next: The latest on Hunter Biden's plea deal for tax crimes Hunter Biden departs federal court after a plea hearing on two misdemeanor charges of willfully failing to pay income taxes in Wilmington, Delaware, on July 26. The judge eventually declared that she wasn’t ready to accept the plea deal, and the president’s son then entered a not guilty plea. Hunter Biden, appearing in court wearing a dark suit and sporting slicked back hair, appeared agitated and worried as the plea deal began to unravel. The deal was also meant to resolve a federal firearms offense. Hunter Biden failed to pay between $1.1 million and $1.5 million in federal taxes before the legal deadlines and was set to plead guilty to two tax misdemeanors with prosecutors agreeing to recommend a sentence of probation. Wednesday’s hearing for Hunter Biden was already poised to be a historic event, as the son of a sitting US president appeared in court to plead guilty to federal tax crimes, bringing a controversial investigation to a near close.īut the three-plus hour hearing saw the original plea agreement nearly fall apart and leaves the son of President Joe Biden in limbo for the moment – and will only further brighten the spotlight on the issue as congressional Republicans pursue their own investigations into Hunter Biden’s actions.
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