Delaware judge orders status report on felony gun charge against Hunter Biden

A federal judge in Delaware ordered prosecutors and defense attorneys on Thursday to provide a status report regarding a felony gun charge against Hunter Biden.

Judge Maryellen Noreika directed lawyers to provide the report by next Wednesday, including any steps they believe the court needs to take.

Attorneys for Biden have argued that a “diversion agreement” sparing him from prosecution on the gun charge is still in place, even though it was inextricably linked to a plea deal on misdemeanor tax offenses that imploded during a court appearance in July.

Noreika dismissed the tax case, and prosecutors have indicated they plan to pursue tax charges against President Joe Biden’s son in another district, perhaps California

or Washington, D.C.

Meanwhile, prosecutors maintain that the agreement on the gun charge, which contains unprecedented immunity provisions against federal prosecutions for other potential crimes, never took effect and is no longer valid.

The two-part deal on tax and gun charges was supposed to have largely wrapped up a years-long investigation overseen by Delaware U.S. Attorney David Weiss. The deal fell apart after Noreika raised questions about its terms during a hearing in July. Among other issues, prosecutors were unable to resolve the judge’s concerns about offering Biden immunity for certain crimes as part of the diversion agreement, instead of in the plea deal.

Typically, a non-prosecution agreement is not presented to a judge and requires no court input. A plea deal, on the other hand, must be presented to a judge, but prosecutors tried to structure Biden’s tax plea deal in a way that left Noreika with no discretion to accept or reject it. The judge expressed concern that attorneys were asking her to simply “rubber stamp” the deal, which she refused to do.

Pressed by Noreika, prosecutor Leo Wise said he could find no precedent for agreeing not to prosecute Biden for crimes that have nothing to do with the gun case or the charges being diverted. Wise also acknowledged that he had never seen a diversion agreement in which the agreement not to prosecute is so broad that it encompasses crimes in a different case. Nor could he offer any precedent for requiring prosecutors to first obtain court approval before prosecuting Biden for certain crimes in the future.