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Hunter Biden’s wrist-slap plea deal shockingly fell apart during a court hearing on Wednesday, with the First Son pleading “not guilty” in a Delaware courtroom to two tax crimes and gun charges.
His deal with federal prosecutors—who confirmed during the hearing that Hunter Biden was still under federal investigation—fell through after U.S. District Judge Maryellen Noreika raised concerns about the range of Hunter Biden’s immunity from future charges.
According to reports from Fox News, Noreika has concerns about the constitutionality of Hunter’s deal, which may violate the Constitution’s diversion clause.
The Associated Press reported that the initial tax charges were related to Hunter Biden’s reported failure to pay income taxes on $1.5 million that he made in 2017 and 2018. The gun charge was related to his alleged possession of a handgun while he used crack cocaine, a felony that carries a maximum of 10 years in prison.
However, Biden agreed to enter a diversion agreement, which would prevent him from prosecution or pleading guilty if he followed specific guidelines, including abstinence from drugs and alcohol, and owning a firearm, for two years probation, according to the AP.
Biden has demanded blanket immunity under the diversion agreement to reportedly receive immunity from other criminal charges—including alleged foreign lobbying, according to the New York Post.
Judge Noreika questioned this agreement that gave the first son protection against any future charges, asking lawyers to iron out these issues before moving forward, as noted by the AP.
“It seems to me like you are saying, ‘just rubber stamp the agreement, Your Honor,'” said the judge. “This seems to me to be a form over substance,” she added before giving the defense and prosecution just 30 days to explain why she should accept the deal.
Noreika asked prosecutors whether the first son could be charged with future crimes and whether he was actively under federal investigation. The prosecution confirmed that Hunter Biden was currently under investigation but refused to say specifically what he was being investigated for, according to a report from the AP.
The prosecution did confirm, however, that the government could potentially bring charges related to the Foreign Agents Registration Act (FARA), as Hunter has been accused of failing to register as a foreign agent regarding his alleged backdoor business dealings with countries like China and Ukraine, which reportedly involved Joe Biden.
The New York Post article articulated that FARA violators could carry stiff prison sentences for their violators, although there is a five-year statute of limitations.
Many Republicans have compared Hunter Biden’s plea deal with the Justice Department as a slap on the wrist, The Hill reported, while the federal government has actively pursued legal action against President Trump.
However, House Republicans have launched their own investigations of Hunter Biden’s alleged foreign business dealings, some of which Joe Biden has been accused of being involved in, as previously reported by RSBN.
House Speaker Kevin McCarthy, R-Calif., has also threatened to impeach members of the Biden administration, including Attorney General Merrick Garland, for allegedly hampering law enforcement agencies from investigating Hunter Biden’s finances and tax case.
