Arkansas Democrat-Gazette

Hunter Biden’s attorneys trying to save plea deal

Agreement on gun charge still in place, court filing says

- COMPILED BY DEMOCRAT-GAZETTE STAFF FROM WIRE REPORTS

WASHINGTON — Attorneys for Hunter Biden are pushing to keep part of a plea deal they reached with the prosecutor whose new status as special counsel has intensifie­d the tax investigat­ion into the president’s son ahead of the 2024 election.

As House Republican­s continued their own investigat­ions, Biden’s attorney argued in court documents that an agreement sparing him from prosecutio­n on a felony gun charge still is in place even though the plea deal on misdemeano­r tax offenses largely unraveled during a court appearance last month.

His lawyer argues that the Justice Department decided to “renege” on its end of the deal on tax charges. The agreement on the gun charge also contains an immunity clause against federal prosecutio­n for some other potential crimes.

Biden plans to abide by the terms of that agreement, including not using drugs or alcohol, attorney Christophe­r Clark said in court papers filed late Sunday. Prosecutor­s who “largely dictated” the agreement after inviting them to begin plea negotiatio­ns in May should also be bound by it, he argued.

It’s unclear whether prosecutor­s agree that the gun agreement remains valid. U.S. District Judge Maryellen Noreika ordered them to respond by today. The Justice Department did not immediatel­y respond to a message seeking comment.

Noreika is largely responsibl­e for the unwinding of an agreement that Republican­s have slammed as a “sweetheart deal” aimed at shielding the president’s troubled son from the consequenc­es of not paying taxes on millions he earned representi­ng companies in Ukraine and China.

The investigat­ion appeared to be coming to a close in June, when both sides announced they had reached a deal. But during a hearing in Delaware last month, where the agreement was supposed to be finalized, Biden’s lawyers and newly

appointed special counsel David Weiss’ prosecutor­s indicated drasticall­y different views of a provision that offered Biden some level of immunity. The judge put the matter on hold, stunning the participan­ts with her skepticism, and she refused to green-light the deal until she received more informatio­n from both parties.

“You all are saying, ‘Just rubber-stamp the agreement,’” the judge said. “I’m not in a position to accept or reject it. I need to defer.”

In the weeks that followed, both sides tried to salvage the deal. Weiss, in court papers Friday, raised the possibilit­y that he would take Biden to trial on the tax charges.

Since 2018, Weiss has investigat­ed a wide array of accusation­s involving Hunter Biden’s business and personal life, including his foreign dealings, drug use and finances. But as special counsel, Weiss, who is also the U.S. attorney in Delaware, can pursue charges in any jurisdicti­on he chooses without seeking the cooperatio­n of local federal prosecutor­s.

In an announceme­nt Friday, U.S. Attorney General Merrick Garland said Weiss had concluded that the investigat­ion has reached a stage in which the powers of a special counsel were necessary. He did not explain what Weiss meant.

“The appointmen­t of Mr. Weiss reinforces for the American people the department’s commitment to both independen­ce and accountabi­lity in particular­ly sensitive matters,” Garland said. “I am confident that Mr. Weiss will carry out his responsibi­lity in an evenhanded and urgent manner and in accordance with the highest traditions of this department.”

The government said plea negotiatio­ns had broken down, filed to dismiss the tax charges against Hunter Biden in Delaware and indicated they could charge him instead in another court, like in Washington, D.C., or California.

Under the plea deal, Biden would plead guilty to two tax misdemeano­rs and enroll in the diversion program, which would have allowed him to avert prosecutio­n on a gun charge.

But in the filing late Sunday, Biden rebutted the prosecutor’s claim, saying he had signed the agreement in court last month and that he planned to abide by it.

Clark, in a three-page response to the government’s motion to scrap the entire deal, accused Weiss of deciding to “renege on the previously agreed-upon plea agreement.”

The plea deal had an unusual two-part structure: The younger Biden had agreed to admit to two misdemeano­r tax crimes as part of a standard guilty plea, while the felony gun charge, based on his purchase of a handgun at a time he was abusing drugs, would be handled as a diversion case — meaning that if he stayed sober and adhered to other conditions for two years, the charge would be dropped.

Diversion deals are typically used in cases involving nonviolent defendants with substance abuse problems. But unlike guilty pleas, a diversion deal is struck solely between prosecutor­s and a defendant and does not require a judge’s approval. In Biden’s case, some key terms of the two-part deal between the president’s son and the prosecutor­s were contained in the diversion, rather than the guilty plea agreement, which ultimately led to the collapse of the broader deal at a hearing in late July.

In their new filing, Biden’s lawyers insisted that they did not misunderst­and the terms of the deal, saying prosecutor­s’ claims in court differed from what they said privately during negotiatio­ns.

“The Defendant’s understand­ing of the scope of immunity agreed to by the United States was and is based on the express written terms of the Diversion Agreement,” Biden’s lawyers wrote. “His understand­ing of the scope of immunity agreed to by the United States is also corroborat­ed by prosecutor­s’ contempora­neous written and oral communicat­ions during the plea negotiatio­ns.”

Before the proposed agreement fell apart, Hunter Biden tentativel­y agreed to plead guilty to two misdemeano­r tax charges of failure to pay in 2017 and 2018. A court document says that in both of those years, Biden was a resident of Washington and received taxable income of more than $1.5 million, for which he owed more than $100,000 in taxes that he did not pay on time.

Wyn Hornbuckle, a spokespers­on for the special counsel, had no comment.

TROUBLED HISTORY

Hunter Biden’s history of drug use and financial dealings have trailed the political career of his father, President Joe Biden. White House press secretary Karine Jean-Pierre said of the president Monday, “He loves his son and he is proud of him overcoming his addiction and how he’s continuing to build his life.”

House Republican­s are pursuing their own congressio­nal investigat­ions into nearly every facet of Hunter Biden’s business dealings and the Justice Department’s handling of the case. They released a transcript of an interview with a former FBI agent who worked on the case and said he was unable to interview Hunter Biden after FBI officials notified the Secret Service ahead of time in 2020. That underscore­d similar testimony from IRS agents-turned-whistleblo­wers and adds to Republican­s’ lack of confidence in the Justice Department and Weiss as special counsel, Oversight Committee Chairman Rep. James Comer said.

House Democrats, though, pointed to several instances where the unnamed former FBI agent testified that he has never known Weiss or any of the assistant U.S. attorneys in Delaware to make decisions based upon political influence — a point that directly undermines Republican claims of political interferen­ce in the Hunter Biden case.

Republican­s have denounced Hunter Biden’s plea agreement as a “sweetheart deal.” It had called for him to plead guilty to failing to pay taxes on more than $1.5 million in income in both 2017 and 2018 and get probation rather than jail on the misdemeano­r counts. A separate agreement was to spare him prosecutio­n on the felony crime of being a drug user in possession of a gun in 2018 if he kept out of trouble for two years.

The surprise appointmen­t about Weiss as special counsel raised fresh questions about the case. Garland said Weiss had asked to be named special counsel.

It comes against the backdrop of the Justice Department’s unpreceden­ted indictment­s against former President Donald Trump, who is President Biden’s chief rival in next year’s election.

The cases differ significan­tly: Trump has been indicted and is awaiting trial in two separate cases brought by special prosecutor Jack Smith. One is over Trump’s refusal to turn over classified documents stored at his Mar-a-Lago estate. The other involves charges of fraud and conspiracy to overturn the 2020 election in the run-up to the Jan. 6, 2021, riot at the U.S. Capitol.

In the case of Hunter Biden, prosecutor­s have not made any accusation­s or charges against the president in investigat­ing the affairs of his son. House Republican­s have been trying to connect Hunter Biden’s work to his father, but have not been able to produce evidence to show any wrongdoing.

Asked whether Weiss’ investigat­ion would unearth any new informatio­n about whether the president was involved with Hunter Biden’s business dealings, Jean-Pierre said: “The president was not in business with his son. That still stands. And I just don’t have anything else to add.”

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