Hunter Biden, son of President Joe Biden, is expected to plead guilty to misdemeanor tax crimes during a court hearing in Wilmington on Wednesday.
The hearing is also expected to address an agreement between federal prosecutors and Hunter Biden to avert prosecution on a felony charge of illegally possessing a firearm as a drug user.
The Caleb Boggs Federal Building, a typically quiet courthouse on King Street in downtown Wilmington, is expected to be buzzing with national media, as well as interested members of the public, for the morning hearing.
Here’s a rundown of what you need to know.
What is Hunter Biden accused of?
First, Hunter Biden faces two misdemeanor crimes for “willful failure to pay tax.” Specifically, federal prosecutors claim Hunter Biden received at least $1.5 million in income each year in 2017 and 2018 but didn’t pay taxes, according to court records.
Charging documents state he was a resident of Washington, D.C., during the years he failed to pay taxes. His court documents indicate that he currently resides in Malibu, California.
Federal prosecutors also claim Biden possessed a Colt Cobra 38SPL revolver despite being addicted to drugs. That is a violation of federal firearms laws, prosecutors claim.
He bought the handgun in October 2018 somewhere in Delaware. On a required form, he replied “no” when prompted to answer whether he was “an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance,” according to the Washington Post.
By his own account, Biden has battled drug addiction for periods, including 2018.
What exactly is happening Wednesday?
U.S. District Judge Maryellen Noreika is presiding over what is scheduled as a change of plea hearing for the tax charge and his initial court appearance for the gun charge.
According to court documents, Hunter Biden is expected to plead guilty to both of the tax charges at the hearing. In such hearings, the judge will typically ask the defendant a series of questions to ensure they understand their rights and are knowingly pleading guilty.
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The firearm charge is a felony and much more serious in terms of potential punishment.
The hearing may cover the logistics of a pretrial diversion agreement between prosecutors and Biden that would see that charge struck from his record if he adheres to the terms of that agreement. Those terms have not been discussed publicly as of yet.
Could this send the president’s son to prison?
Hunter Biden is not expected to see any prison time despite facing potential maximum sentences totaling 12 years in prison. It is rare for a defendant, particularly one with Hunter Biden’s background, to receive anything close to the maximum punishment.
The two tax charges are punishable by a maximum of a year in prison each, along with potentially six-figure fines. Citing unnamed sources, the Associated Press has reported that prosecutors will recommend a sentence consisting entirely of probation for the tax charges.
DID HUNTER BIDEN GET A SWEETHEART DEAL?How these cases play out with other defendants
A judge will consider standardized sentencing guidelines alongside recommendations from prosecutors and defense counsel in sentencing Hunter Biden. In some cases, judges sentence defendants on the same day they plead guilty. However, there is no indication in court documents that will happen in Biden’s on Wednesday. Sentencing may occur at a future court hearing.
The gun charge itself carries a potential 10-year sentence, but the pretrial diversion agreement will likely head off any potential prison time and require Biden to adhere to terms and monitoring similar to a probationary sentence.
Last month, following the unsealing of the case against Biden, his lawyer, Christopher Clark, said the president’s son will take responsibility for “mistakes he made during a period of turmoil and addiction in his life. He looks forward to continuing his recovery and moving forward.”
Long-running Delaware investigation
The charges are being brought by David Weiss, U.S. attorney for the District of Delaware. Weiss began the investigation five years ago and was appointed by former President Donald Trump.
Under the Biden administration, Weiss was not asked to resign like most U.S. attorney Trump appointees. Biden officials said that decision was made to ensure continuity in the investigation into Hunter Biden.
Weiss has been targeted by congressional Republicans that have characterized the case as a “slap on the wrist” for Biden and the result of preferential treatment.
Meanwhile, congressional Republicans are continuing their own investigations into Hunter Biden and his family.
USA TODAY COVERAGE: Hunter Biden, White House, House GOP clash over widening investigation of Joe Biden’s son
New developments included the first public testimony by two IRS agents involved in the Hunter Biden investigation, along with the public release of an FBI document with unverified allegations against President Joe Biden.
Laptop lawsuit brewing in Delaware courts
Meanwhile, Hunter Biden is suing the Trolley Square computer repair shop owner who claimed Biden dropped off his computer at the Wilmington shop and never retrieved it, which led to the leak and publication of private photographs and correspondence belonging to the president’s son.
The lawsuit was filed in response to a defamation lawsuit pursued by the computer repairman, John Paul Mac Isaac, which names as defendants Hunter Biden, as well as news publications CNN and The Daily Beast and U.S. Rep. Adam Schiff, a California Democrat.
The lawsuit claims those defendants characterized Mac Isaac as a thief and a Russian agent and this caused him to shutter his business.
RECENT:Hunter Biden is suing Trolley Square laptop repairman at center of data leak.
Biden’s countersuit claims Mac Isaac had no right to access and copy the data on the laptop and then invaded Biden’s privacy by disseminating the ill-gotten content.
That case is proceeding in Sussex County Superior Court.
Contact Xerxes Wilson at (302) 324-2787 or xwilson@delawareonline.com.
