Hunter Biden’s plea deal with federal prosecutors, which unraveled during his initial court appearance in Delaware on Wednesday, would have afforded him extensive immunity and protected him from prosecution related to a broad array of alleged and potential federal crimes, newly released documents revealed.
As part of an agreement to avoid jail time on a felony gun charge, the son of President Joe Biden was expected to plead guilty to two misdemeanor counts of willful failure to pay federal income tax.
Specifically, Fox News reported the legal arrangement included a plea agreement concerning the tax charges and a separate pretrial “diversion agreement” addressing the felony charge of possession of a firearm by a person who is an unlawful user of or addicted to a controlled substance. The agreement stipulated that the government would not pursue the more serious gun charge if Hunter pleaded guilty to the tax charges.
On Wednesday, U.S. District Judge Maryellen Noreika, who is presiding over the case, declined to accept the plea agreement, raising concerns about its constitutionality, particularly regarding the diversion measure and the immunity that Hunter Biden would receive. Fox News added: “Noreika said the diversion agreement might be unconstitutional, which would mean the entire plea deal would be unconstitutional and Biden would not be getting the immunity he sought.”
Biden wound up pleading not guilty during the hearing.
Following the courtroom drama, Politico acquired and published the text of both agreements that were part of Biden’s deal. Notably, the diversion agreement contained a clause granting Biden extensive immunity, lasting indefinitely, covering a range of matters examined by the Justice Department throughout its years-long investigation into the first son.
“The United States agrees not to criminally prosecute Biden, outside the terms of this agreement, for any federal crimes encompassed by the attached statement of facts… and the statement of facts attached [to the plea agreement],” the document says. “This agreement does not provide any protection against prosecution for any future conduct by Biden or by any of his affiliated businesses.”
The statement of facts attached to the diversion agreement detailed Biden’s history of frequent crack and cocaine use, which he has also admitted separately. It further alleged that the first son provided false information on a federal form to acquire a firearm, claiming he was not illegally using or addicted to drugs when, in reality, he was.
The statement of facts appended to the distinct tax plea agreement outlined Hunter’s extensive history of lucrative business engagements in China, Ukraine, and other locations, which have been a subject of scrutiny for some time. The document further provided a comprehensive account of Biden’s tax and financial history relevant to the federal charges he is currently facing.
Fox News contributor and attorney Sol Wisenberg strongly criticized both Biden’s legal team and federal prosecutors for concealing the broad immunity provision in the middle of the diversion agreement. He noted further that the provision could potentially shield “every crime Hunter may have committed” during the relevant time frame, raising questions about transparency and fairness in the deal.
“This was done by the parties in order that the judge could not accept or reject the broad immunity portion of the overall deal,” tweeted Wisenberg. “Totally unprecedented. That’s what appropriately set the judge off. She thought it should have been included in the plea agreement, rather than hidden in the diversion agreement. By the way, the transcript shows that the judge didn’t even see the key paragraph until shortly before the hearing.”
