Hunter Biden plea deal on hold after judge is unable to accept agreement

A plea deal between Hunter Biden and the Justice Department over tax charges is on hold after a federal judge said in a court hearing Wednesday that she was not ready to accept a revised agreement between both parties. 

Hunter Biden failed to pay between $1.1 million and $1.5 million in federal taxes before the legal deadlines and was poised to plead guilty to two tax charges with prosecutors agreeing to recommend a sentence of probation.

But before the original plea could be entered, the deal began to unravel and a revised agreement reached during the hearing was not accepted by the judge.

If you're just reading in now, here's what you missed from Hunter Biden's dramatic day in court:

• Two sides unsuccessfully tried to save the deal: As the plea deal began to unravel Wednesday the two sides convened to try to reach an agreement. After negotiations, Biden then agreed to plead guilty to the two tax charges in a deal that only includes conduct related to tax offenses, drug use and gun possession. The two sides agreed that this deal does not shield him from potential future charges. But the judge wasn’t satisfied. “What if it is unconstitutional?” District Judge Maryellen Noreika asked. “I’m trying to exercise due deliverance and consideration to make sure we don’t make a misstep.”
• Judge: “I cannot accept the plea agreement today": Noreika said she had “concerns” about the parties seemingly linking the tax plea agreement to resolving a felony gun charge. During the proceedings, prosecutors confirmed that the investigation into Biden was ongoing.
• Questions about the probe: Hanging over the plea hearing are recent claims from two IRS whistleblowers who helped lead the investigation that the Justice Department gave preferential treatment to Hunter Biden beginning when President Donald Trump was president in 2020. Their claims dovetail with the GOP-fueled narrative that Hunter Biden got a “sweetheart deal,” even though it’s fairly common for first-time offenders to avoid incarceration in a misdemeanor-only case.
• Biden pleads not guilty for now: The hearing ended with President Joe Biden's son pleading not guilty for the time being and the judge asking both sides to file additional briefs explaining the plea deal’s legal structuring. 
• White House says it's a "personal matter": The White House again referred questions surrounding the legal proceedings in Hunter Biden’s case to his legal team after the hearing. The White House called the case “a personal matter.”

Republican Rep. Jim Jordan credited IRS whistleblowers for the collapse of a plea deal for Hunter Biden on Wednesday, while Democratic Rep. Jamie Raskin accused Republicans of hypocrisy for their selective faith in the justice system.

"I think it's all driven by the whistleblowers and just how credible those individuals are, and the fact that their testimony has not wavered," Jordan told CNN. "It's been consistent, unlike the White House. Their story, unlike the Department of Justice, their story, and of course, the whistleblower testimony is backed up by the FBI agent who was … interviewed a little over a week ago."

Asked how the Department of Justice’s assertion that its investigation into Hunter Biden is still ongoing would affect his probe, Jordan responded: "That’s a good question."

He said that he wanted to get testimony from a dozen other witnesses before hearing from US Attorney David Weiss, who led the Biden probe and whom DOJ wants to testify to rebut GOP allegations of political interference.  

While Republicans celebrated the judge’s decision, some Democrats accused them of hypocrisy. 

"I don't think they can have it both ways," Raskin said. "If they express happiness about one thing that happens in court, they should just express confidence in the ability of the court to work it out, then that's the way I feel about it," he said. “I mean, it's really it's up to the judicial system and the parties in this case.”

The Maryland Democrat added, "I wish they showed that kind of confidence in the 60 federal and state courts which declared that there was no electoral irregularity or corruption in 2020."

Raskin also called it "to my mind, absolutely anomalous and bizarre that members of Congress would try to interfere in a plea agreement."

More background: House Republicans have zeroed in on Hunter Biden’s finances as part of their broader oversight probes into the Biden family. They are seeking testimony from Weiss about the criminal probe, and the House GOP’s right-wing flank is already clamoring for a possible impeachment of Attorney General Merrick Garland.

Hunter Biden’s lawyers called the IRS whistleblowers “disgruntled agents” with “an axe to grind.”

They’ve also said their client is pleading guilty because he believes “it is important to take responsibility for these mistakes he made during a period of turmoil and addiction in his life.”

 CNN's Marshall Cohen, Holmes Lybrand and Kara Scannell contributed to this report.

GOP lawmakers sharply criticized the Justice Department on today’s developments over Hunter Biden’s plea deal and expect the collapse of the deal will bolster their probe into President Joe Biden.

Rep. Tom McClintock, a member of the House Judiciary Committee who had been a key holdout on impeachment proceedings against the president, said it is time to move forward with one. The Republican from California said evidence is “mounting” on bribery allegations when Biden was vice president — something the White House has furiously denied and which Republicans have yet to corroborate.

McClintock called the plea deal between the Department of Justice and Hunter Biden’s attorneys “a disgrace.”

Other Republicans said the whole plea deal with the Justice Department deserves GOP scrutiny.

Rep. Tim Burchett, a Republican from Tennessee, told CNN: “I don't know, but it's just another nail in the coffin. I mean, they're selling something. You know, Trump was selling cheap steaks and awful ties, all they're selling is influence and that scares the hell out of me.”

Rep. Troy Nehls, a Republican from Texas, said Hunter Biden is a “true criminal” when asked to react to news that a plea deal between the Justice Department and Hunter Biden’s attorneys has fallen apart.

“Maybe because they realized Hunter Biden is a true criminal and probably needs to go to prison for a few years” Nehls, who said he has not been following the plea deal hearing, told CNN. 

Sen. Josh Hawley, a Republican from Missouri, said that the back-and-forth on the plea deal shows that the agreement was always flawed and that more charges could be coming down. 

“It's very telling that the judge intervened here and said basically, ‘No, I'm not going to approve some sweeping blanket deal,’" Hawley said. “I mean, that tells you the court has serious concerns about other potential charges here, and also the scope of the deal, which has seemed outrageous from the beginning.” 

He added, “This, I think, signals that they're still very much as potential for prosecution forward.” Hawley said that Biden should not receive special treatment, as whistleblowers have alleged. “He should be treated like any other person under the law. That's my view on him.”

Senate Minority Leader Mitch McConnell said he “can understand” why House Republicans are frustrated by the Justice Department’s handling of the Hunter Biden case, after the plea deal fell apart earlier today. “There are a lot of people in the House who are better lawyers than I am, and it’s a bit confusing now — I’m not sure what happened this morning — but to the extent that it looks like the administration is treating Democrats more favorably than Republicans, I can understand why people in the House are upset about it," the Republican from Kentucky said.

Meanwhile, Rep. Jerry Nadler, the top Democrat on the House Judiciary Committee, pushed back on the Republicans' claims. "He’s a Trump appointee,” the lawmaker from New York said of the US attorney leading the probe, David Weiss. “He's doing his job and there's just no evidence to support any conclusion of unfair deal.”

Rep. Robert Garcia, a Democrat from California, emphasized that Hunter Biden is a private citizen and that's how the case should be looked at.

"Hunter Biden should go through the process and the legal process. And I think that what’s important is that Republicans don’t try to politicize this issue. Hunter Biden should be treated fairly within the criminal justice system. If he's committed wrongdoing, he should be held accountable for that, and I think all of us agree on that point," he said.

Federal district Judge Maryellen Noreika, an appointee of former President Donald Trump, presided over a plea hearing Wednesday related to a case involving the Justice Department and President Joe Biden’s son, Hunter Biden.

A revised agreement was not accepted by the judge Wednesday, and she asked both sides to file additional briefs explaining the plea deal’s legal structuring. She has the sole authority to decide Hunter Biden’s ultimate punishment.

Noreika, a former patent lawyer in Delaware, had the support of both Democratic senators from Delaware when she was nominated by Trump. Under the Senate’s so-called blue slip tradition, nominees for district court seats must have the support of the home state senators to move forward.

She was confirmed by the Senate by voice vote in August 2018.

The Justice Department had announced last month that Hunter Biden will plead guilty to two tax misdemeanors and struck a deal to resolve a felony gun charge. As part of the plea agreement, the Justice Department had agreed to recommend a sentence of probation for the two counts of failing to pay taxes in a timely matter.

Campaign donations: Federal records indicate that Noreika has donated more than $15,000 to political candidates dating back to 1999. Her political spending has gone to both parties.

On the presidential level, she gave $1,000 to then-New York Sen. Hillary Clinton’s 2008 campaign for the Democratic nomination. She later donated $2,300 to the eventual 2008 Republican nominee, then-Arizona Sen. John McCain. She donated to the subsequent GOP nominee as well, giving $2,500 to Mitt Romney’s presidential campaign in 2012.

Noreika also financially supported Sen. Tom Cotton, a conservative Republican from Arkansas, during his campaign in 2014, when he unseated an incumbent Democratic senator. And she donated $1,000 to Pennsylvania GOP Sen. Rick Santorum in 2005.

She also donated $1,000 in 2009 to the Senate Democrats’ campaign arm, the DSCC.

CNN's Holmes Lybrand and Kara Scannell contributed reporting to this post. 

A plea deal between Hunter Biden and the Justice Department over tax charges is on hold after a federal judge said in court Wednesday that she was not ready to accept a revised agreement between both parties.

Here's a look at the courtroom sketches from the dramatic hearing today:

Hunter Biden has departed the US District Court in Wilmington, Delaware, after his hearing ended with the plea deal on hold Wednesday afternoon.

US District Judge Maryellen Noreika said she was not ready to accept the plea deal, and the hearing ended with Hunter Biden pleading not guilty. 

Hunter Biden appeared agitated and worried during the hearing as a plea deal struck between his legal team and prosecutors began to fall apart. 

He appeared in court wearing a dark suit and sporting slicked back hair and spoke softly as he answered a series of routine questions from the judge. 

He looked down as a prosecutor recounted his personal struggles, earnings and tax troubles. 

But after the plea agreement began to fall apart, Biden appeared concerned.

During two moments when the judge left the courtroom, Biden left the defense table to huddle with his lawyers, his brow furrowed as he conversed with them about what was unfolding. 

After Noreika said she would not accept the agreement Wednesday, she asked Biden how he pled to the charges discussed during the hearing. 

"Not guilty, your honor," Biden said, his voice slightly louder than it was earlier that day as he answered other questions from the judge. 

The federal judge overseeing Wednesday's plea hearing raised serious questions about the agreements Hunter Biden reached with prosecutors, leading her to end the proceedings without accepting his plea deal.

“Is this even constitutional?” US District Judge Maryellen Noreika said of the proposed agreement to resolve Biden’s gun possession conduct, adding that she has “concerns about the constitutionality” of the gun deal because it might violate separation of powers principles. 

The felony charge revolves around alleged false statements on his application to purchase the gun in which he affirmed falsely he was not using drugs at the time. Under the proposed deal presented going into the hearing, Biden would enter a diversion program to resolve the gun charge if he abides by certain conditions for a period of time. 

At Wednesday’s proceedings, the judge said she was “trying to exercise due deliverance and consideration to make sure we do not make a misstep.”

“You all are telling me to just rubber-stamp” the gun deal, Noreika said. 

The gun deal is “not straightforward” and contains “atypical provisions,” the judge said.

Noreika expressed frustration that the two sides structured the deals – which also included a separate plea agreement for two tax misdemeanors — in a way where she would need to approve the gun deal, but had no powers to approve or reject the tax agreement. 

The diversion agreement — which doesn’t often go to a judge — has a provision that says if there is a dispute over whether Biden breached the terms of the deal, it would go to the judge for fact finding. Noreika questioned why it would “plop” her in the middle of a deal she didn’t have a say in, and potentially block the Justice Department from bringing charges, a function of the executive branch.

Biden’s attorney said given the politicization of the case, they wanted a neutral arbiter to handle any potential disputes. The judge said she couldn’t make that decision on the fly. 

“I cannot accept the plea agreement today,” Noreika said.

According to an order issued after the hearing wrapped up, the parties have 30 days to submit additional briefs on the matter.

Hunter Biden’s legal team has departed US District Court in Wilmington, Delaware, after his hearing ended with the plea deal on hold Wednesday afternoon.

US District Judge Maryellen Noreika said she was not ready to accept the plea deal, and the hearing ended with Hunter Biden pleading not guilty for the time being. 

The White House again referred questions surrounding the legal proceedings in Hunter Biden’s case to his legal team after a Wednesday hearing in Wilmington, Delaware, ended with a plea deal on hold. The White House called the case “a personal matter.”

“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,” White House press secretary Karine Jean-Pierre told reporters during Wednesday’s briefing. “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.”  

The hearing ended Wednesday after US District Judge Maryellen Noreika said she was not ready to accept a revised plea deal between the DOJ and the President’s son’s legal team.

For the time being, Hunter Biden is pleading not guilty.