A federal judge in Delaware has ordered prosecutors and defense attorneys to provide a status report regarding a felony gun charge against Hunter Biden.
The two-part deal on tax and gun charges was supposed to have largely wrapped up a years-long investigation overseen by Delaware U.S. Attorney David Weiss. The deal fell apart after Noreika raised questions about its terms during a hearing in July. Among other issues, prosecutors were unable to resolve the judge’s concerns about offering Biden immunity for certain crimes as part of the diversion agreement, instead of in the plea deal.
Typically, a non-prosecution agreement is not presented to a judge and requires no court input. A plea deal, on the other hand, must be presented to a judge, but prosecutors tried to structure Biden’s tax plea deal in a way that left Noreika with no discretion to accept or reject it. The judge expressed concern that attorneys were asking her to simply “rubber stamp” the deal, which she refused to do.
Pressed by Noreika, prosecutor Leo Wise said he could find no precedent for agreeing not to prosecute Biden for crimes that have nothing to do with the gun case or the charges being diverted. Wise also acknowledged that he had never seen a diversion agreement in which the agreement not to prosecute is so broad that it encompasses crimes in a different case.
The diversion agreement, meanwhile, was aimed at sparing Biden from prosecution on the felony crime of being a drug user in possession of a gun in 2018 if he kept out of trouble for two years. Hunter Biden’s history of drug use and financial dealings have trailed the political career of his father.special counselThe Associated Press is an independent global news organization dedicated to factual reporting.
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