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Judge Declines to Approve Hunter Biden Plea Deal for Now

The proposed deal between Hunter Biden and the Justice Department — the outline of which was announced last month — isn’t dead. | Julio Cortez/AP Photo

In an unexpected twist, Hunter Biden’s plea deal encountered a roadblock during a contentious federal court hearing in Wilmington, Delaware. Prosecutors and Biden’s attorneys initially clashed over the scope of the agreement, and tensions escalated when a prosecutor disclosed that the federal investigation into the president’s son is still ongoing.

The proposed deal, which was outlined last month, aimed to have Biden plead guilty to two misdemeanor tax offenses, while potentially avoiding punishment for a felony gun charge. However, U.S. District Judge Maryellen Noreika expressed reservations about certain provisions and hesitated to approve the deal.

The judge adjourned the hearing to allow both parties to refine and clarify the agreement. As a result, Biden ended up pleading not guilty to all three charges, and further proceedings were postponed for at least a month.

Despite the setback, the proposed deal is not entirely off the table. Prosecutors and Biden’s lawyers must address the judge’s concerns about technical aspects and her role in enforcing the pretrial diversion agreement. Under this agreement, Biden could evade prison time for the gun charge if he remains drug-free for two years and does not violate any other laws.

Judge Noreika made it clear that she considered the deal to be atypical, as it contained unusual provisions not commonly seen in similar cases.

The charges against Biden include willfully failing to file or pay income taxes for the years 2017 and 2018, as well as owning a handgun during 2018, a time when he has admitted to using cocaine. Federal law prohibits drug users from possessing firearms.

The plea deal was reached after a nearly five-year investigation supervised by U.S. Attorney David Weiss, who was appointed by former President Donald Trump. However, Judge Noreika, also a Trump appointee, found aspects of the agreement concerning, especially the broad immunity provision in the pretrial diversion agreement, shielding Biden from charges in a different case.

Amidst the complex legal wrangling, the investigation into Hunter Biden’s actions related to influence trading with his father and acting as an unregistered foreign agent remains ongoing.

During the hearing, it was evident that the judge’s involvement in the agreement’s approval and potential violation raised constitutional concerns about the separation of powers.

At one point, the plea deal seemed to be null and void, but after heated discussions and a brief recess, the parties resolved their disagreement and agreed to move forward.

Nonetheless, the hearing ended with Judge Noreika withholding approval of the plea agreement. She expressed discomfort with the assertion that she had no role in deciding whether to accept the diversion agreement, which could potentially make her a “gatekeeper” to criminal charges.

The situation unfolded dramatically, leaving Biden’s legal team to contemplate their next moves.

The case garnered significant attention and controversy, with Republicans alleging that Hunter Biden received preferential treatment with the proposed plea deal. Two IRS whistleblowers who participated in the Biden probe testified to Congress about facing roadblocks and interference.

U.S. Attorney David Weiss, who oversaw the investigation, defended its independence. The Biden administration allowed Weiss to continue overseeing the probe without political interference.

As the case continues to develop, the scrutiny surrounding Hunter Biden’s actions and the plea deal remains intense. The resolution of this high-profile case will undoubtedly have significant implications.

The court proceedings unfolded without any of Biden’s family members present, but he was accompanied by a team of attorneys, including prominent white-collar defender Abbe Lowell.

As this saga continues to unfold, both sides will be under immense pressure to address the court’s concerns and navigate the complexities of this extraordinary case.

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