WILMINGTON, Del. — The plea deal for Hunter Biden’s tax crimes collapsed on Wednesday when a federal judge in the case questioned a related deal on a gun charge and whether the plea agreement would shield the president’s son from future charges.
U.S. District Court Judge Maryellen Noreika, who was appointed by President Donald Trump, forced prosecutors to acknowledge Hunter Biden remains under investigation, but they refused to disclose the details.
Hunter Biden’s defense attorneys balked at the revelation and the prosecution’s insistence that Hunter Biden remains open to further prosecution.
Judge Noreika recessed the court, telling prosecutors and defense lawyers to work out their differences.
“I think having you guys talk more makes sense,” she said.
The hearing paused while the prosecutors and defense lawyers discussed the deal, which Republicans have criticized as a too-lenient treatment for serious crimes committed by the son of President Biden.
The plea deal was supposed to mark the culmination of a five-year investigation by U.S. Attorney David Weiss, a holdover from the Trump administration.
As part of the plea deal, Mr. Weiss recommended a sentence of probation as part of the plea deal on the tax charges. The maximum sentence for each of the charges is 12 months in prison and a fine of $250,000.
Mr. Weiss also agreed to allow Hunter Biden to enter a pretrial diversion program for illegal possession of a firearm in exchange for his agreeing to remain drug-free and never again own a firearm.
At the hearing, prosecutors said Hunter Biden’s crimes were the result of someone caught in the throes of addiction.
“He did in fact have the funds available to pay his taxes on time but didn’t pay. Instead, he continued to spend wildly on personal luxuries and expenses,” one of the federal prosecutors said.
Defense lawyer Christopher Clark explained that Hunter Biden wanted to make amends.
“I know he believes it is important to take responsibility for these mistakes he made during a period of turmoil and addiction in his life. He looks forward to continuing his recovery and moving forward,” Mr. Clark told the judge.
Under the deal, Hunter Biden can’t drink alcohol or take drugs, and he will be randomly drug tested.
Hunter Biden bought a Colt Cobra .38 Special in 2018 despite being prohibited from owning a gun because of his history of drug abuse. If he reneges on the drug-free pledge, he would face a maximum of 10 years in prison and a stiff fine for the gun charge.
According to prosecutors, Hunter Biden received more than $1.5 million in annual income in both 2017 and 2018 but didn’t pay taxes on it, despite owing more than $100,000 each year. He paid back roughly $1 million of back taxes in 2021.
Before taking a break from the court hearing to discuss the deal, U.S. District Judge Maryellen Noreika asked Hunter Biden if he intended to plead guilty.
A stoic Hunter Biden confidently looked up to the judge and responded: “Yes, your honor.”
At the hearing, Hunter Biden rarely looked at his lawyer and kept his gaze fixed on Judge Noreika.
The judge questioned how the single deal related to each of the two charges. She questioned why there was one deal for the two crimes, failing to pay income taxes and illegal possession of a handgun.
• This story is based in part on wire service reports.
• Jeff Mordock can be reached at jmordock@washingtontimes.com.
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