Diversion Clause Questioned
The plea agreement that would have allowed Hunter Biden to avoid jail time has been rejected by Judge Maryellen Noreika. The agreement stated that if Biden pleaded guilty to misdemeanor tax charges and abided by certain conditions for approximately 24 months, he would not face additional charges. However, the judge raised concerns about the constitutionality of the diversion clause and the immunity it would grant Biden.
Defense Argues for Agreement
Hunter Biden’s defense lawyer, Abbe Lowell, argues that the prosecution should honor the agreement, as both parties had previously agreed to it. Lowell maintains that the prosecution is bound by the agreements it makes with defendants and should not be allowed to renege on them, despite criticism from certain political circles.
Not Guilty Plea and Serious Charges
Hunter Biden pleaded not guilty to all counts in October, including charges of lying about his drug use to purchase a gun. If convicted, he could face up to 25 years in prison. An appeals court has previously ruled that the federal ban on drug users having guns violates the Second Amendment.
Cocaine Found on Gun Pouch
Recently, federal prosecutors revealed that a gun pouch used by Hunter Biden contained traces of cocaine. The pouch had been stored in a state police vault and was tested by a chemist, who confirmed the presence of cocaine residue. Biden had previously made statements about his drug use in a memoir, further complicating his legal situation.
Additional Tax Charges
In addition to the gun-related charges, Hunter Biden is also facing nine federal tax charges in Los Angeles. He is accused of failing to pay federal income taxes from January 2017 to October 2020 and submitting false tax reports.
Contributors to this report: Brooke Singman and Brianna Herlihy from Fox News Digital.