The Trump-appointed U.S. attorney for Delaware has reached a plea agreement with Hunter Biden, who is expected to plead guilty to two federal misdemeanor counts of failing to pay his taxes. Biden also faces a separate felony gun possession charge that is likely to be dismissed if he meets certain conditions, according to court documents filed on Tuesday, June 20th.
Two sources familiar with the agreement said it includes a provision in which the U.S. attorney has agreed to recommend probation for Biden for his tax violations. Legal experts also said the tax and gun charges will most likely not result in any jail time for President Joe Biden’s son.
It’s the first time the Justice Department — part of the executive branch, headed by the president — has brought charges against a child of a sitting president.
The decision by U.S. Attorney David Weiss, who was nominated by then-President Donald Trump in 2018, indicates an end to the sweeping, five-year investigation by federal prosecutors, FBI agents and IRS officials into Hunter Biden’s conduct. The Biden administration has kept Weiss in place to avoid having a U.S. attorney appointed by the president oversee his son’s criminal case.
Weiss’s office said in a statement: “Hunter Biden received taxable income in excess of $1,500,000 annually in calendar years 2017 and 2018. Despite owing in excess of $100,000 in federal income taxes each year, he did not pay the income tax due for either year.”
Regarding the gun charge, the statement said that “from on or about October 12, 2018 through October 23, 2018, Hunter Biden possessed a firearm despite knowing he was an unlawful user of and addicted to a controlled substance.”
Weiss’s office also said its investigation continues.
Chris Clark, Hunter Biden’s attorney, said in a statement: “With the announcement of two agreements between my client, Hunter Biden, and the Unites States Attorney’s Office for the District of Delaware, it is my understanding that the five-year investigation into Hunter is resolved.
“Hunter will take responsibility for two instances of misdemeanor failure to file tax payments when due pursuant to a plea agreement. A firearm charge, which will be subject to a pretrial diversion agreement and will not be the subject of the plea agreement, will also be filed by the Government. I know Hunter believes it is important to take responsibility for these mistakes he made during a period of turmoil and addiction in his life. He looks forward to continuing his recovery and moving forward.”
A White House spokesperson said: “The President and First Lady love their son and support him as he continues to rebuild his life. We will have no further comment.”
Peppered with questions shouted by reporters about the charges at an event in California, the president said, “I’m very proud of my son.”
Trump, who faces criminal charges for his alleged mishandling of classified documents, criticized the agreement in a post on his website, Truth Social.
“The corrupt Biden DOJ just cleared up hundreds of years of criminal liability by giving Hunter Biden a mere ‘traffic ticket.’ Our system is BROKEN,” Trump wrote.
The resolution suggests that prosecutors did not find cause to file charges related to Hunter Biden’s dealings with foreign entities or other wrongdoing. Trump and several Republican-led congressional inquiries have long alleged that Biden engaged in years of criminal conduct with people tied to the Chinese government and with companies in Ukraine and elsewhere.
In 2021, Biden paid all of the outstanding taxes he owed for 2017 and 2018, the years named in the charges. Biden wasn’t charged with failure to file returns for those years. He filed returns but agreed to plead guilty to not having paid enough in both years, which was over $100,000.
The felony gun possession charge will be resolved in what is known as pretrial diversion agreement, in which charges are dropped if the defendant meets certain conditions, such as not committing a crime in a given time period. The court documents didn’t disclose the specific conditions in Biden’s gun case.
In a statement, the Justice Department said Biden “faces a maximum penalty of 12 months in prison on each of the tax charges and a maximum penalty of 10 years in prison on the firearm charge,” but it noted that “sentences for federal crimes are typically less than the maximum penalties,” adding, “A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.”
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