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Hunter Biden pleads 'not guilty' as plea deal falls apart during Delaware court appearance

  

Category:  News & Politics

Via:  vic-eldred  •  last year  •  31 comments

By:   Judge Maryellen (Fox News)

Hunter Biden pleads 'not guilty' as plea deal falls apart during Delaware court appearance
Hunter Biden's plea deal fell apart during his first court appearance Wednesday morning and he pleaded "not guilty" as federal prosecutors confirmed the president's son is still under federal investigation.

S E E D E D   C O N T E N T



Hunter Biden was seen exiting the federal courthouse in Wilmington, Delaware after his plea deal with prosecutors was rejected by Judge Maryellen Noreika.

Hunter Biden's plea deal fell apart during his first court appearance Wednesday morning and he pleaded "not guilty" as federal prosecutors confirmed the president's son is still under federal investigation.

Hunter Biden was expected to plead guilty to two misdemeanor tax counts of willful failure to pay federal income tax, as part of plea deal to avoid jail time on a felony gun charge.

GettyImages-1572451472.jpg

Hunter Biden, son of President Joe Biden, departs the J. Caleb Boggs Federal Building on July 26, 2023 in Wilmington, Delaware. Biden pleaded not guilty to two misdemeanor tax charges in a deal with prosecutors to avoid prosecution on an additional gun charge. However, the federal judge overseeing the case unexpectedly delayed Biden's plea deal and deferred her decision until more information is put forth by both the prosecution and the defense.(Anna Moneymaker/Getty Images)

But Judge Maryellen Noreika did not accept the plea agreement, questioning the constitutionality — specifically the diversion clause and the immunity Hunter Biden would receive.

Hunter Biden was also expected to enter into a pretrial diversion agreement regarding a separate felony charge of possession of a firearm by a person who is an unlawful user of or addicted to a controlled substance.

The judge pressed federal prosecutors on the investigation and questioned whether there was the possibility for future charges, and asked prosecutors if Hunter Biden was currently under active investigation. Prosecutors said he was, but would not answer specifically what the president's son is under investigation for.

Prosecutors on Wednesday, though, said Hunter Biden pleading guilty to the two misdemeanor tax offenses would not immunize him from future charges.

A courtroom sketch depicting Hunter Biden in a federal courtroom in Wilmington, Delaware on July 26, 2023.(COURTESY: William J. Hennessy, Jr.)

At one point, Noreika asked Justice Department prosecutor Leo Wise whether there is an "ongoing investigation here."

"There is," Wise said, adding that he could not tell the judge what the investigation was.

Noreika asked if the government could potentially bring a charge related to the Foreign Agents Registration Act (FARA), to which Wise replied: "Yes."

At that point, the original plea deal broke down. Defense attorney Chris Clark said he did not agree with that.

"Then there's no deal," Wise said.

Clark countered, "As far as I'm concerned, the plea deal is null and void."

Hunter Biden's legal team exits a Federal Courthouse at the Caleb Boggs Federal Building in Wilmington, Delaware on Wednesday, July 26, 2023. The president's son plead not guilty to two misdemeanor charges after his plea deal was rejected.(The Image Direct for Fox News Digital )

After that, both sides asked the judge for time to negotiate. Noreika left the courtroom for 20 minutes or so and allowed both sides to continue negotiations.

Ultimately, Hunter Biden pleaded not guilty because Noreika could not accept the plea deal as it was constructed. She repeatedly expressed her concerns about the constitutionality of the diversion deal related to the felony gun charge, specifying that the main issue with the agreement was that if Hunter Biden breached the deal, the judge would need to make a finding of fact on the matter before the government could bring charges.

Judge Noreika said she saw that as being "outside of my lane," noting that if the diversion agreement might be unconstitutional, then the entire plea deal would be unconstitutional, meaning that Hunter Biden would not be getting the immunity he thought.

The diversion was an agreement in which the government would not charge Hunter Biden with the more serious federal gun charge — if he pleaded guilty to the misdemeanor tax charges and behaved under certain terms of the agreement for a period of approximately 24 months. If Hunter Biden breached the diversion, the government would try to bring the serious gun charge against him.

At that point, the government would bring that information to the judge, and the judge would be required to determine whether charges should be brought — that was the portion of the diversion which Noreika rejected, saying that would be unconstitutional, as charging decisions are made by the executive branch, not the judicial branch.

Hunter Biden's legal team exits a Federal Courthouse at the Caleb Boggs Federal Building in Wilmington, Delaware on Wednesday, July 26, 2023. The president's son plead not guilty to two misdemeanor charges after his plea deal was rejected.(The Image Direct for Fox News Digital )

Meanwhile, the judge apologized to Hunter Biden near the end of the hearing.

"Mr. Biden, I know you want to get this over with, and I'm sorry," Noreika said. "But I need to get more information to do justice as I'm required to do."

The judge asked for briefings from both sides, but did not set a firm date.

Noreika questioned Hunter Biden on his sobriety, and on his business dealings — specifically money that he received from foreign business partners, like Ukrainian natural gas firm Burisma Holdings and his joint-venture with Chinese energy firm CEFC.

As Hunter Biden pleaded not guilty, White House press secretary Karine Jean-Pierre delivered a statement at the beginning of the daily briefing.

"Hunter Biden is a private citizen, and this was a personal matter for him. As we have said, the president, the first lady — they love their son and they support him as he continues to rebuild his life," Jean-Pierre said. "This case was handled independently, as all of you know, by the Justice Department under the leadership of a prosecutor appointed by the former president, President Trump."

courtsketch6.jpg

A courtroom sketch depicting Hunter Biden in a federal courtroom in Wilmington, Delaware on July 26, 2023.(COURTESY: William J. Hennessy, Jr.)

She added: "So for anything further, as you know, and we've been very consistent from here, I'd refer you to the Department of Justice and to Hunter's representatives who is his legal team, obviously, who can address any of your questions."

The developments in the case Wednesday come after IRS whistleblower testimony revealed allegations of DOJ misconduct throughout the yearslong investigation into the president's son. IRS whistelblowers Gary Shapley and Joseph Ziegler said politics influenced prosecutorial decisions throughout the investigation.

House Ways & Means Committee Chairman Jason Smith filed an amicus brief to the court, requesting that testimony be considered ahead of accepting the planned plea deal, saying Hunter Biden "appears to have benefited from political interference which calls into question the propriety of the investigation of the U.S. Attorney's Office."

Hunter Biden arrives to a Federal Courthouse at the Caleb Boggs Federal Building with his lawyer, Kevin Morris in Wilmington, Delaware, Wednesday, July 26, 2023. President Joe Biden's son is reportedly expected to plead guilty during the hearing to two federal crimes for not paying taxes on time.(The Image Direct for Fox News Digital)

"In the interest of full transparency and fairness for all citizens, it is critical for the Court to have this relevant information when evaluating the Plea Agreement," Smith wrote in the brief.

Meanwhile, on the eve of the court appearance, the judge threatened to sanction Hunter Biden's legal team after one of his attorneys allegedly lied about who she was while asking to remove IRS whistleblower testimony from the court docket.

The defense, though, denied the allegations and called the incident "an unfortunate and unintentional miscommunication."


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Vic Eldred
Professor Principal
1  seeder  Vic Eldred    last year

In the words of Joe Biden: "Well, Son of a Bitch".....

they didn't get away with it!

 
 
 
Vic Eldred
Professor Principal
2  seeder  Vic Eldred    last year

The story that the left wants to ignore!

On the other hand, it's all I want to talk about.


 
 
 
devangelical
Professor Principal
2.1  devangelical  replied to  Vic Eldred @2    last year
it's all I want to talk about.

it's been evident for weeks what you don't want to talk about. I'd like to thank the GOP for kicking open the door of  trying in public the criminal activities of family members related to presidents, past and present.

 
 
 
Vic Eldred
Professor Principal
2.1.1  seeder  Vic Eldred  replied to  devangelical @2.1    last year
it's been evident for weeks what you don't want to talk about.

[Deleted]

 
 
 
Sean Treacy
Professor Principal
2.1.2  Sean Treacy  replied to  Vic Eldred @2.1.1    last year

You have too feel a little bad for them. They constantly keep staking out positions that are proven false after The facts catch up to Biden co lies.

we’ve gone from its all Russian disinformation and hunter and joe never discussed business, to so what if hunter committed tax, gun and drug crimes and joe and hunter were never in a formal business together.  And they still have to pretend the Bidens weren’t paid  millions by ccp affiliated business and European oligarchs, and that Foreign agent laws don’t exist, that the DOJ gave hunter Biden preferential and as admitted today, unprecedented, treatment. And after ignoring career irs officials testify to the special treatment Hunter got, including tipoffs, they certainly can’t acknowledge hunters business partner’s testimony that joe Biden was on speaker phone during the hunter  Biden influence peddling meetings.

 
 
 
Texan1211
Professor Principal
2.1.3  Texan1211  replied to  devangelical @2.1    last year

this isn't about Trump.

 
 
 
TᵢG
Professor Principal
2.2  TᵢG  replied to  Vic Eldred @2    last year

The Hunter Biden case is as relevant as the Trump organization accounting case (where two Trump organizations were found guilty of criminal tax fraud) or the Trump hush money case.   It is newsworthy and those engaged in wrongdoing should be held accountable, but unless there is a clear tie to Biden (pending clear evidence) where Biden has done something unethical, unconstitutional or illegal, this is second tier.  

What is far more important, in my opinion, is the Jan 6th potential case, the Georgia case and the classified documents case.   These are all related to actions by a sitting PotUS and, as such, set a precedent for PotUS' and lesser politicians.   A very bad precedent.   Further, there is solid evidence backing up these cases.   Trump's wrongdoing is not mere speculation and, once adjudicated, we will have a ruling on the legality of his wrongdoing (and the consequences, if any, of same).

So why is Hunter Biden all you want to talk about?   My guess is because you believe this holds the best possibility of bringing Biden's candidacy into question.   

 
 
 
Vic Eldred
Professor Principal
2.2.1  seeder  Vic Eldred  replied to  TᵢG @2.2    last year
The Hunter Biden case is as relevant as the Trump organization accounting case (where two Trump organizations were found guilty of criminal tax fraud) or the Trump hush money case.   It is newsworthy and those engaged in wrongdoing should be held accountable, but unless there is a clear tie to Biden (pending clear evidence) where Biden has done something unethical, unconstitutional or illegal, this is second tier.  

This particular article is about the Bidens. It has never been about just Hunter. One cannot sell influence without the one with political power being able to deliver. Thus far we have learned quite a bit don't you think?  We know that Hunter took in a lot of money from foreign governments, China being noteworthy, and that he is in violation of the FARA statute just as Paul Manafort was and he failed to pay taxes on the money he was paid for influence peddling and that the money was well hidden/laundered through LLCs. He also violated some minor laws, which I'm not really interested in.  Do you deny these facts?  Will you accept them?

Then there is another broader issue and that is elements of the government protecting Hunter and JOE. Do you deny that the laptop story was censored by the media with the active participation of the FBI during the 2020 election?  Do you deny the claim that the laptop was probably Russian dissinformation was just another government scheme to help Joe Biden in the election?  Do you deny that there is a contradiction on what the US Attorney in Delaware has said & what Merrick Garland has said and what Joe Biden has said? Do you deny that the lead IRS investigators were intimidated on the Hunter Biden tax case?

As soon as you can admit to the obvious, we will be able to have a useful conversation.



So why is Hunter Biden all you want to talk about?

Because I believe it is the tip of the iceberg of the greatest scandal in American history.

 
 
 
TᵢG
Professor Principal
2.2.2  TᵢG  replied to  Vic Eldred @2.2.1    last year
Do you deny these facts? 

The evidence suggests that what you stated is likely true.

One cannot sell influence without the one with political power being able to deliver. 

The important question though is the delivery.   The tie to Joe engaged in wrongdoing.

Do you deny that the laptop story was censored by the media with the active participation of the FBI during the 2020 election?

Why do you repeatedly ask me if I deny these things?   Your presumption is obnoxious.   I have no motivation to deny facts but I will note that you need to tone down your speculation.   The Biden laptop story was certainly downplayed by the media.   Happens all the time in our partisan-influenced media.   The whistleblowers claim that they were limited by internal IRS forces.   Thus far it is a claim.   Could be true, but don't leap to deem this absolute truth.

Do you deny that there is a contradiction on what the US Attorney in Delaware has said & what Merrick Garland has said and what Joe Biden has said?

There you go again with this deny presumption.   State the contradiction of which you speak so that we are clear on what you are alleging.

Do you deny that the lead IRS investigators were intimidated on the Hunter Biden tax case?

Intimidated?   Are you asking me about their emotions (if so, don't be ridiculous) or are you again referring to their claim that their investigation was hobbled by internal IRS forces?

Because I believe it is the tip of the iceberg of the greatest scandal in American history.

Of course you do.   You would love to see bad things happen in the USA if you see it helping the GOP.

 
 
 
Jack_TX
Professor Quiet
2.2.3  Jack_TX  replied to  TᵢG @2.2    last year
The Hunter Biden case is as relevant as the Trump organization accounting case (where two Trump organizations were found guilty of criminal tax fraud) or the Trump hush money case.   It is newsworthy and those engaged in wrongdoing should be held accountable, but unless there is a clear tie to Biden (pending clear evidence) where Biden has done something unethical, unconstitutional or illegal, this is second tier.  

Fair.

What is far more important, in my opinion, is the Jan 6th potential case,

If they ever get around to doing something, it would be.

the Georgia case

Yes.

and the classified documents case.

Meh.  Depends on what they're actually able to prove about intent.

 
 
 
TᵢG
Professor Principal
2.2.4  TᵢG  replied to  Jack_TX @2.2.3    last year
Depends on what they're actually able to prove about intent.

Intent is key;  willfully holding (and even hiding) the documents while knowing that this was wrong is also key.   I think there is plenty of evidence that Trump willfully kept the documents and tried to hide some of them from authorities and that he knew this was wrong.    There is likely no evidence that his intent was to disclose the contents to enemies of the state, but there is evidence (good evidence) that he intended to (and in fact did) disclose the contents to those who should not have that information.

 
 
 
George
Junior Expert
2.2.5  George  replied to  TᵢG @2.2.4    last year

[Deleted]

 
 
 
Greg Jones
Professor Participates
2.2.6  Greg Jones  replied to  TᵢG @2.2    last year

Hunter and his senile father are in this together. More and more evidence point that way.

Bribery, influence peddling, and money laundering....oh my! 

If only Hunter hadn't forgotten to pick up that pesky laptop

 
 
 
Ronin2
Professor Quiet
2.2.7  Ronin2  replied to  TᵢG @2.2.4    last year

Sorry, the precedent was already set with Bill Clinton, Hillary Clinton, and Obama. Bringing charges against Trump for holding classified documents is the height of partisanship.

Then there is Brandon- who has classified documents from not only as his time as VP; but Senator as well.

Think that he is being handle even remotely like Trump?

Want to talk about people that shouldn't be viewing classified materials- Brandon's team that was looking for the documents- not one of them had clearance. No wonder they missed some after a "thorough investigation".

See evidence that the Special Counsel- not prosecutor (Garland can't have anyone going rogue on him and actually charge Brandon)- is rushing the investigation to a speedy conclusion? In fact can you even tell there is an investigation going on?

As for evidence- taking money for political favors is evidence enough that Brandon wasn't innocently keeping classified documents. Hunter having easy access to those classified documents with his foreign political connections raises more more than a shadow of a doubt.

I doubt Archer's testimony that he sat in on multiple conference calls between Brandon and Hunter about Hunter's business dealings will convince you. In fact no amount of evidence will change your mind. 

 
 
 
TᵢG
Professor Principal
2.2.8  TᵢG  replied to  Ronin2 @2.2.7    last year
I doubt Archer's testimony that he sat in on multiple conference calls between Brandon and Hunter about Hunter's business dealings will convince you. In fact no amount of evidence will change your mind

Apparently you have invented a position for me.   It is certainly not based on my comments so it must be based on your imagination.

Get a clue.

Then there is Brandon- who has classified documents from not only as his time as VP; but Senator as well.

You seem unable to comprehend why Trump was indicted and why Pence and Biden were not.   Since I (and others) have explained this in detail, and since you can read the indictment itself, it is obvious that you are going to continue with willful ignorance regardless of reality.

 
 
 
Vic Eldred
Professor Principal
2.2.9  seeder  Vic Eldred  replied to  TᵢG @2.2.2    last year
 You would love to see bad things happen in the USA if you see it helping the GOP.

And there you are!  Now who is inverting positions for people?


 
 
 
bugsy
Professor Participates
2.2.10  bugsy  replied to  Vic Eldred @2.2.9    last year

jrSmiley_81_smiley_image.gif

 
 
 
Ronin2
Professor Quiet
2.2.11  Ronin2  replied to  TᵢG @2.2.8    last year
You seem unable to comprehend why Trump was indicted and why Pence and Biden were not.

You can't seem to seem to see that Pence and Brandon aren't equivalent to each other. Brandon has held classified documents since he was a Senator in unsecure locations; with his son who worked for foreign entities having easy access to them! Chain of custody was never established. Pence had one document he was using to write his book. He invited the FBI to conduct a search of his single residence (he doesn't own any others). Must have been the most boring investigation the FBI has ever conducted. Who the hell knows how many more classified documents Brandon is sitting on? The FBI hasn't searched the University of Delaware- where Brandon's documents from his time as a Senator are supposed to be stored. (Except for some classified ones that somehow managed to sneak through).

Since I (and others) have explained this in detail, and since you can read the indictment itself, it is obvious that you are going to continue with willful ignorance regardless of reality.

I also notice that you completely ignored the precedent sent by Bill Clinton, Hillary Clinton, and Barak Obama. See the DOJ go after any of them? See the FBI conduct any raids? All committed acts far more egregious than Trump. Not one of them will be prosecuted.

Your "Get Trump at all costs" mentality is abundantly evident.

I don't give a damn about Trump. I have stated repeatedly I don't want him to be the Republican nominee.

I care about the law and equal application under it. You can't claim that with the precedence set by not prosecuting Democrats.

With charges being filed against Trump- Brandon doesn't have a legal leg to stand on. Yet no one is expecting anything out the Brandon DOJ. The silence from the investigation is appalling.

 
 
 
TᵢG
Professor Principal
2.2.12  TᵢG  replied to  Ronin2 @2.2.11    last year

This is real simple Ronin.   And you can see this yourself if you would calm down for a change and deal with facts.   Step one is to read the indictment.   If you can see how the charges against Trump apply to Biden or Pence then make your case.

If not, then you will realize that what Trump did is well beyond what Biden or Pence did.  The key words here are willful and knowing.   The next word to focus on is intent.

The duration is irrelevant without a strong case that willful and knowing apply.

Spend less time making emotional rants and more time getting informed.

 
 
 
TᵢG
Professor Principal
2.2.13  TᵢG  replied to  Ronin2 @2.2.11    last year

Here, I will make it very easy for you to learn.   Duration is not a factor.   The key factors are willfully and knowingly acting on an unauthorized possession:

Counts 1-31 cite violation of Title 18 U.S. Code 793 paragraph e:

e)  Whoever having unauthorized possession of, access to, or control over any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note relating to the national defense, or information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation, willfully communicates, delivers, transmits or causes to be communicated, delivered, or transmitted, or attempts to communicate, deliver, transmit or cause to be communicated, delivered, or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it; 

Count 32 cites violation of Title 18 U.S. Code 1512 paragraph k:

(k)  Whoever conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy.

Count 33 cites violation of Title 18 U.S. Code 1512 paragraph b.2.A:

(b)  Whoever knowingly uses intimidation, threatens, or corruptly persuades another person, or attempts to do so, or engages in misleading conduct toward another person, with intent to—

            (2)  cause or induce any person to—

            (A)  withhold testimony, or withhold a record, document, or other object, from an official proceeding;

Count 34 cites violation of Title 18 U.S. Code 1512 paragraph c.1:

(c)  Whoever corruptly
   (1)  alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding; or

Count 35 cites violation of Title 18 U.S. Code 1519:

Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both.

Count 36 cites violation of Title 18 U.S. Code 1001 paragraph a:

(a)  Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully
    (1)  falsifies, conceals, or covers up by any trick, scheme, or device a material fact;

Counts 37-38 cite violation of Title 18 U.S. Code 1512 1001 paragraph a:

(a)  Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully
   (2)  makes any materially false, fictitious, or fraudulent statement or representation; 

 
 
 
Vic Eldred
Professor Principal
3  seeder  Vic Eldred    last year

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"President Joe Biden vehemently denied ever talking business with his son, “ or with anyone else ” in the run-up to the 2020 election. In fact, Biden even  fat-shamed  an Iowa voter who approached the subject during the Democratic primaries. On the debate stage with Donald Trump, the former vice president  peddled conspiracies  of Russian interference when emails from Hunter Biden’s laptop revealed otherwise.

On Sunday night, the New York Post  reported  on anticipated testimony from Hunter Biden’s former business partner, Devon Archer. The 48-year-old who went  golfing  with the Bidens in 2014 is expected to tell the House Oversight Committee how Hunter Biden put his father in contact with foreign businessmen and potential investors at least 24 times. According to the Post, such meetings were either in person or by speakerphone, with Hunter Biden often dialing in Joe."





Today a judge asked a question and the Hunter Biden plea deal fell apart.

 
 
 
George
Junior Expert
3.1  George  replied to  Vic Eldred @3    last year

Trump, but Trump and Trump, 

 
 
 
bbl-1
Professor Quiet
3.1.1  bbl-1  replied to  George @3.1    last year

Yeah, exactly.  Trump said, "I saved bin Sulman's ass."  Seems to be a story there, don't ya think?

 
 
 
Sean Treacy
Professor Principal
3.1.2  Sean Treacy  replied to  George @3.1    last year

It's been Top of the Charts since 2015.  They are going to keep playing it everyday until the last liberal alive capable of typing on a keyboard still breaths. 

 
 
 
Texan1211
Professor Principal
3.1.3  Texan1211  replied to  bbl-1 @3.1.1    last year

Damn!

Do you think Trump or bin Sulman had anything to do with Hunter Biden breaking laws or nearly getting a sweetheart deal?

 
 
 
Sean Treacy
Professor Principal
3.1.4  Sean Treacy  replied to  Texan1211 @3.1.3    last year

Now we know what happened at Helsinki. The Hunter Biden plan 

 
 
 
Texan1211
Professor Principal
3.1.5  Texan1211  replied to  Sean Treacy @3.1.4    last year

LMAO!

jrSmiley_10_smiley_image.gif

 
 
 
George
Junior Expert
3.1.6  George  replied to  bbl-1 @3.1.1    last year

Do you have a point? Exactly what was Trump saying?

 
 
 
bbl-1
Professor Quiet
3.1.7  bbl-1  replied to  George @3.1.6    last year

His words have never been clarified.  What did he mean when he said that?  Do you know?

 
 
 
Sparty On
Professor Principal
4  Sparty On    last year

You don’t mess the Biden …..

 
 
 
Sean Treacy
Professor Principal
5  Sean Treacy    last year

here’s a report on the shenanigans the DOJ and Biden lawyers tried to pull in court, attempting to hide just how generous the agreement was:


Typically, if the Government is offering to a defendant that it will either drop charges or decline to bring new charges in return for the defendant's guilty plea, the plea is structured under Federal Rule of Criminal Procedure 11(c)(1)(A). An agreement not to prosecute Hunter for FARA violations or other crimes in return for his pleading guilty to the tax misdemeanors, for example, would usually be a (c)(1)(A) plea. This is open, transparent, subject to judicial approval, etc.

In Hunter's case, according to what folks in the courtroom have told me, Hunter's plea was structured under Federal Rule of Criminal Procedure 11(c)(1)(B), which is usually just a plea in return for a joint sentencing recommendation only, and contained no information on its face about other potential charges, and contained no clear agreement by DOJ to forego prosecution of other charges.

Instead, DOJ and Hunter's lawyers effectively hid that part of the agreement in what was publicly described as a pretrial diversion agreement relating to a § 922(g)(3) gun charge against Hunter for being a drug user in possession of a firearm. That pretrial diversion agreement as written was actually MUCH broader than just the gun charge.

If Hunter were to complete probation, the pretrial diversion agreement prevented DOJ from ever bringing charges against Hunter for any crimes relating to the offense conduct discussed in the plea agreement , which was purposely written to include his foreign influence peddling operations in China and elsewhere. So they put the facts in the plea agreement, but put their non-prosecution agreement in the pretrial diversion agreement, effectively hiding the full scope of what DOJ was offering and Hunter was obtaining through these proceedings.

Hunter's upside from this deal was vast immunity from further prosecution if he finished a couple years of probation, and the public wouldn't be any the wiser because none of this was clearly stated on the face of the plea agreement, as would normally be the case.

Judge Noreika smelled a rat. She understood that the lawyers were trying to paint her into a corner and hide the ball. Instead, she backed DOJ and Hunter's lawyers into a corner by pulling all the details out into the open and then indicating that she wasn't going to approve a deal as broad as what she had discovered. DOJ, attempting to save face and save its case, then stated on the record that the investigation into Hunter was ongoing and that Hunter remained susceptible to prosecution under FARA.

Hunter's lawyers exploded. They clearly believed that FARA was covered under the deal, because as written, the pretrial diversion agreement language was broad enough to cover it. They blew up the deal, Hunter pled not guilty, and that's the current state of play. And so here we are. Hunter's lawyers and DOJ are going to go off and try to pull together a new set of agreements, likely narrower, to satisfy Judge Noreika. Fortunately, I doubt if FARA or any charges related to Hunter's foreign influence peddling will be included, which leaves open the possibility of further investigations leading to further prosecutions.

 
 

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