Delaware’s Trump-appointed U.S. attorney has reached a plea deal with Hunter Biden, in which he is expected to plead guilty to two federal felony counts of failing to pay his taxes. Biden also faces a separate gun possession charge that will likely be dismissed if he meets certain conditions, according to court documents filed Tuesday.
Two sources familiar with the deal told NBC News that 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 gun and tax charges likely won’t result in any prison time for President Joe Biden’s son.
It is the first time that the Justice Department, which is part of the executive branch headed by the president, has filed charges against a son of a sitting president.
The decision by U.S. Attorney David Weiss, who was appointed by President Donald Trump in 2018, marks the end of an extensive five-year investigation by federal prosecutors, FBI agents and IRS officials into the conduct by Hunter Biden. The Biden administration has kept Weiss in place to prevent a U.S. attorney appointed by the president from overseeing 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. Although he owed more than $100,000 in federal income taxes each year, failed to pay income tax due for any year.” As for the weapons charge, the statement said: “On or about October 12, 2018, Hunter Biden had a firearm despite knowing he was an illegal user and addict of a controlled substance.” Weiss’ office also said its investigation into Biden is ongoing.
Chris Clark, Hunter Biden’s attorney, told NBC News in a statement: “With the announcement of two settlements between my client, Hunter Biden, and the United States Attorney’s Office for the District of Delaware, I understand that the five year Hunter investigation is settled.”
“Hunter will plead guilty to two counts of misdemeanor failure to file taxes when due pursuant to a plea agreement. It will also be a firearm charge, which will be subject to a pre-trial diversion agreement and will not be subject to the plea agreement filed by the Government. I know Hunter believes it is important to take responsibility for these mistakes he made during a turbulent period and addiction in his life. He hopes to continue his recovery and move forward.”
A White House spokesman said: “The president and first lady love their son and are supporting him as he continues to rebuild his life. We will have no further comment.”
Former President Donald Trump, who faces criminal charges over his alleged mishandling of classified documents, criticized the deal in a post on his Truth Social website.
“Biden’s corrupt DOJ just cleared hundreds of years of criminal liability by giving Hunter Biden a simple ‘traffic ticket.’ Our system is BROKEN,” Trump wrote.
The resolution suggests that prosecutors found no reason to file charges related to Hunter Biden’s dealings with foreign entities or other crimes. Trump and several Republican-led congressional investigations 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 outstanding taxes he owed for 2017 and 2018, the years listed in the charges. Biden was not accused of failing to file statements during those years. He filed statements but agreed to plead guilty to two years of underpayment, which exceeded $100,000.
The felony gun charge will be settled in what’s known as a pretrial diversion agreement, where the charges are dropped if the defendant meets certain conditions, such as not committing a crime within a period of certain time The specific terms of Biden’s gun case were not disclosed in court documents.
In a statement, the Justice Department said Biden “faces a maximum sentence of 12 months in prison on each of the tax charges and a maximum sentence of 10 years in prison on the firearm charge,” but note that “sentences for federal crimes are usually less than the maximum penalties. A federal district court judge will determine any sentence after considering the US Sentencing Guidelines and other statutory factors.”
In cases where there is an agreement with prosecutors like this, judges usually stick to the terms of the agreement, which in this case would be a sentence of probation, but not always.
A judge will schedule an arraignment date in the coming weeks. Hunter Biden is expected to surrender to authorities in Delaware and will be processed by U.S. Marshals there.
In April, NBC reported that federal prosecutors were considering four charges against Biden. The charges filed Tuesday do not include a previously discussed felony count of tax evasion related to a business expense for a tax year in 2018.
The criminal investigation was overseen by Weiss, whose lengthy deliberations, spanning months, led to frustration and bewilderment among other law enforcement officials, including within the FBI and IRS, as both agencies wrap up their respective investigations in 2022, according to three senior law enforcement officials. An additional senior US official said most of the IRS investigation was completed in 2020.
Biden’s drug buying initially drew the attention of local Delaware police in 2018, and the FBI was called in to help soon after, according to a senior law enforcement official.
The federal investigation of Hunter Biden began in 2018 under the Trump administration as a broad probe of his international business dealings with an emphasis on potential national security implications. Eventually, it came down to an examination of his personal taxes and the purchase of a gun. A grand jury was convened in Delaware and continued to hear testimony from witnesses throughout 2022, according to two familiar sources.
Biden has acknowledged that business partners sought him out by name and that he won millions from deals involving foreign countries, but he has repeatedly denied wrongdoing. In his memoirs, Biden said he used the money for his drug addiction and to support his lifestyle. Biden has previously acknowledged his extensive use of cocaine during this period.
At times, tensions between the investigating U.S. attorney’s offices and agencies ran high and there were disagreements over possible courses of action, two former senior law enforcement officials told NBC News.
In early 2020, the U.S. attorney’s office in Pittsburgh joined the investigation at the request of then-Attorney General Bill Barr, who was tasked with evaluating information provided by the personal attorney of Trump, Rudy Giuliani on alleged corruption in Ukraine that included allegations about Hunter Biden. to three high officials of the order.
Investigators looked into whether Biden acted as an agent or lobbyist for a foreign government, a possible violation of the Foreign Agents Registration Act. Ultimately, investigators determined there was no basis for charges beyond Biden’s request for guns and his failure to pay his estimated taxes on time.
In April, an IRS special agent involved in the Hunter Biden investigation wrote to members of Congress saying he could provide information that would reveal a failure to manage “clear conflicts of interest” in the case and detail cases of “preferential treatment and policies that wrongly infect decisions.” and protocols”. The IRS has declined to comment on the allegations.
But law enforcement officials familiar with the matter described it as a comprehensive investigation involving criminal investigators, FBI and counterintelligence agents in Baltimore and Wilmington, financial and white-collar crime analysts from the headquarters of the FBI in Washington, as well as several U.S. Attorney’s Office prosecutors. Delaware office.
House Republicans have been investigating Hunter Biden’s finances and have alleged he was involved in a bribery scheme.
House Oversight Committee Chairman Rep. James Comer, R-Ky., said his committee would continue to investigate Biden.
“These charges against Hunter Biden and the Love plea agreement have no impact on the Oversight Committee’s investigation. We will not rest until the full extent of President Biden’s involvement in the family’s schemes is revealed.” , said Comer.
House Speaker Kevin McCarthy, R-Calif., suggested that Weiss only claimed that the federal investigation is still ongoing to keep evidence from her investigation out of the hands of Congress.
“How can Hunter Biden plead guilty, without jail time, and the DOJ say there’s still an investigation, trying to withhold information from the House? This is unacceptable and will not stand,” McCarthy said.
The Justice Department did not comment on whether U.S. Attorney General Merrick Garland was consulted about the charges or had any role in signing the charges before Monday’s filing.
Garland had repeatedly promised not to bow to any political pressure in the case, telling a Senate panel in April last year that “there will be no political or improper interference”.
Asked how the public could have confidence in the investigation, Garland said, “Because we put the investigation in the hands of a Trump appointee from the previous administration. And because you have me as the attorney general, who is committed to the independence of the Department of Justice from any influence of the White House in criminal matters.”
