Attorneys representing Hunter Biden have accused prosecutors of backing out of a plea agreement that had been under scrutiny by a federal judge. The agreement involved Hunter Biden pleading guilty to two misdemeanor tax evasion charges and receiving immunity from potential future charges.
In a court filing on Sunday, Hunter Biden’s legal team asserted that it was the prosecutors, not the defense, who proposed and largely shaped the plea agreement and a related diversion agreement that the defense interpreted as providing immunity to their client.
Hunter Biden’s lawyers stated that their client had accepted the prosecutors’ invitation for settlement discussions with the understanding that these discussions would fully resolve the extensive five-year investigation by the government. The investigation remains ongoing, having recently been designated as a special counsel case under U.S. Attorney David Weiss.
However, following the appointment of the special counsel, prosecutors filed a motion indicating an “impasse” between the two sides, suggesting that the case may go to trial. The Justice Department seeks to relocate the case to a federal court in Washington or California, and as a special counsel, Weiss will have the authority to choose the venue.
At a July 26 hearing, U.S. District Court Judge Maryellen Noreika rejected the initial plea deal between Hunter Biden and prosecutors due to concerns over its terms, particularly discrepancies regarding the scope of immunity sought by Hunter Biden’s legal team. The defense argued that the immunity provision covered Hunter Biden’s overseas business dealings, while prosecutors interpreted it more narrowly.
Hunter Biden’s legal team maintained that his understanding of the plea agreement, which included full immunity, is supported by the prosecutors’ communications during the negotiations. Despite this, the plea agreement was not accepted by the court.
Consequently, Hunter Biden pleaded not guilty last month to charges of failing to pay taxes on over $1.5 million in taxable income from 2017 and 2018. He also faces a separate charge related to possessing a firearm while being a drug user.
Abbe Lowell, Hunter Biden’s lead attorney, placed the blame for the breakdown of the deal on the prosecution. Lowell expressed confidence that no new evidence would emerge against his client and stated that the appointment of a special counsel would not significantly alter the case’s outcome.
The ongoing investigation into Hunter Biden’s case, including the appointment of a special counsel and the possibility of a trial, means that the inquiry is expected to extend into 2024, coinciding with President Joe Biden’s bid for reelection.