As Katie reported earlier today, the Hunter Biden plea deal is dead. Both parties are at an impasse, so this circus is heading to trial. The president’s son, already the subject of a sleazy government access and bribery scheme which involved his father, was about to get the legal deal of the century, pleading guilty to a host of crimes, including gun charges and tax evasion—and getting no jail time as a result.
As Mike Tyson said, “Everyone has a plan until they get punched in the mouth.” When the judge tossed the plea deal because it was a perversion of justice, Hunter’s lawyers scrambled, and now they must prepare for opening arguments:
Previously Biden agreed to plead guilty to two misdemeanor tax charges and a diversion program for illegal possession of a firearm (usually a felony offense). Violations of the Foreign Agent Registration Act were suspiciously absent from the charges given the millions of dollars Hunter raked in from foreign companies and governments.
But when the plea deal disintegrated after U.S. District Judge Maryellen Noreika found a broad immunity clause hidden in the text, Hunter Biden entered a not guilty plea and left the court house on pre-trial release. He hoped to renegotiate the deal, another move not usually afforded to defendants.
Today, the Department of Justice announced a plea deal is off the table and that Hunter is headed to trial.
"At the hearing on July 26, 2023, the Defendant did not plead guilty and therefore did not waive venue," Now that the parties are at an impasse, a trial is in order," court documents state. "After the hearing, the parties continued negotiating but reached an impasse. A trial is therefore in order."
Some charges that Hunter Biden was advised to plead guilty were deemed unconstitutional. It’s a mess, just like the president’s crack-cocaine-addicted son.
The 5th Circuit ruled that the firearm charge that the Feds wanted Hunter Biden to plead to is unconstitutional. pic.twitter.com/p6nwJDByur
— Marina Medvin 🇺🇸 (@MarinaMedvin) August 11, 2023
Hunter Biden's plea deal has collapsed. Talks with gov't at an impasse.
— Andrew Prokop (@awprokop) August 11, 2023
DOJ filing: "Following additional negotiations after the hearing held on July 26, 2023, the
parties are at an impasse and are not in agreement on either a plea agreement or a diversion
agreement." pic.twitter.com/7Qhe2IR8LC
So, with a trial looming, let’s rehash Hunter’s pretrial release condition, which Spencer outlined last month:
(1) The defendant must not violate federal, state, or local law while on release.
(2) The defendant must cooperate in the collection of a DNA sample if it is authorized by 34 U.S.C. § 40702.
(3) The defendant must advise the court or the pretrial services office or supervising officer in writing before making any change of residence or telephone number.
(4) The defendant must appear in court as required and, if convicted, must surrender as directed to serve a sentence that the court may impose.
(5) The defendant must sign an Appearance Bond, if ordered.
In addition to these conditions, Judge Noreika also ordered Hunter Biden to "submit to supervision by and report for supervision to the Central District of California," "continue or actively seek employment," and to "communicate in writing all international travel plans and provide supporting documentation, if requested."
What's more, Hunter and is prohibited from possessing a "firearm, destructive device, or other weapon," using alcohol "at all," and using or unlawfully possessing "a narcotic drug or other controlled substances...unless prescribed by a licensed medical practitioner."
To back up those prohibitions, the judge ordered Hunter to "submit to testing for a prohibited substance if required by the pretrial services office or supervising officer" which "may be used with random frequency and may include urine testing, the wearing of a sweat patch, a remote alcohol testing system, and/or any form of prohibited substance screening or testing."
Stay sober, Hunter. And don’t shoot anyone.
