I will make this simple as possible.
Hunter Biden broke the law in 2018 and 2019, by not filing taxes. He broke the law again in 2018 by failing to acknowledge he was using illegal drugs at the time he applied for a gun permit. Obviously, if he had filled out the form honestly, the application would have been rejected and it would be headline news that he was addicted to drugs.
Biden reached an agreement with the Department of Justice to plead guilty to the late filings of taxes, and DOJ would drop gun application after he had been on probation for 2 years. Biden has paid all the money he owes including interest and fines.
So, the two parties, DOJ and Biden came to the court house, thinking the hearing will be perfunctory as agreement had been reached, and the judge just had to sign off on it. Judge Noreika would not sign off on it, because it would make her the arbitrator of the terms of an agreement which she had no involvement in creating. In her words, it would plop her in the middle of this case.
Earlier in the hearing, the Judge asked about the future investigations of Hunter Biden and in particular about a failure to register as a foreign agent. The specific law is called FARA, Foreign Agents Registration Act. This sparked some confusion as the sides differed, but after a brief recess, DOJ and Biden’s team came to an agreement that additional charges could be brought.
Judge Noreika asked DOJ and Biden to submit briefs addressing her concerns within 30 days. Hunter Biden entered a plea of not guilty on all charges. The hearing was dismissed. No one is sure how long the Hunter Biden saga will drag on. The New York Post headline, “Stunned onlookers gasp as Hunter Biden’s Sweetheart Plea Deal Crumbles.”
I believe the deal will ultimately approved by the Judge Noreika, with some additions to the plea agreement which minimize the role of the judge as arbitrator of the agreement. I also believe that FARA violation charges will be resolved with another out of court settlement or simply dropped by DOJ.
Many Republicans want the plea deal tossed out by the judge. Without a plea agreement, this case would go to court and drag on for years. They view it as a sweetheart deal, giving special privileges to Hunter Biden. Representative Jason Smith, Chair of the House Ways and Means Committee, submitted an Amicus Brief (Friends of the court) hoping to sway the judge to reject the deal, which would result in a court case, and keep the issues going through next years. The brief focuses on IRS whistleblower testimony to Congress, suggesting inappropriate and possibly biased investigation. The whistleblower testimony was not brought up during the hearing by the judge.
The DOJ has offered to allow David Weiss, Federal Prosecutor in Delaware, who has lead this case since it began, to testify in Congress. However, now that the deal is in limbo, I am sure DOJ will postpone any testimony.
Many subpoenas will be issued for testimony from DOJ officials involved in this case, from House Committees, because of politics. Officials can not comment on ongoing investigations. House members will be upset, and claim DOJ is stone-walling their investigation.
Stay tuned,
Dave



