To say that Hunter Biden had a bad day in federal court on Wednesday is an understatement.
It was just supposed to be a routine short hearing in Wilmington, Delaware, during which U.S. District Judge Maryellen Noreika would sign off on the sweetheart plea deal reached by Biden’s attorneys and federal prosecutors last month.
Biden would then ride off into the sunset free from any concerns about being prosecuted for past alleged wrongdoing.
Meanwhile his father, President Joe Biden, could run for re-election without a criminal trial delving into his family’s shady overseas business dealings including in Ukraine and China.
But things didn’t go as planned.
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The hearing that was expected to take perhaps minutes turned into three hours, ABC News reported.
Biden was to plead guilty to two misdemeanor tax evasion charges, while a third illegal gun possession charge would be diverted for two years and dropped altogether if he adhered to certain terms, including being drug-free during that time period.
However, the deal fell through when Noreika called into question the blanket immunity from future prosecution that Biden’s attorneys believed the agreement included.
Under questioning from the judge, federal prosecutors denied the agreement offered immunity from future prosecution, such as under the Foreign Agents Registration Act.
The DOJ website explains that FARA requires, “certain agents of foreign principals who are engaged in political activities or other activities specified under the statute to make periodic public disclosure of their relationship with the foreign principal, as well as activities, receipts and disbursements in support of those activities.”
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Federal prosecutors charged former Trump campaign manager Paul Manafort with multiple FARA violations in 2018 and extracted a guilty plea for failing to register as an agent of the government of Ukraine. He was sentenced to 73 months in prison.
Hunter Biden earned a reported $1 million per year to sit on the board of the Ukrainian energy company Burisma, and accounts associated with him received roughly $5 million from Chinese energy firm CEFC, according to the New York Post.
Washington Examiner reported that the younger Biden “communicated with U.S. government employees in their official capacity about [Burisma] during the Obama administration, a fact conservative group America First Legal uncovered in emails it obtained from the National Archives.”
Earlier this month, America First Legal sued Attorney General Merrick Garland and the DOJ for failing to enforce FARA in relation to the president’s son.
After Noreika raised the possibility of FARA violations, a federal prosecutor told her they could still be on the table.
Biden attorney Christopher Clark then reportedly became angry.
“I don’t know what you’re trying to accomplish,” Clark said, speaking to prosecutors, CBS News reported. “We’ll rip it up!” he added referring to the plea agreement.
“As far as I’m concerned, the plea agreement is null and void,” Clark also stated, which stirred audible gasps in the courtroom, according to ABC News.
“Meanwhile, a visibly agitated Hunter Biden transitioned from sitting to standing, summoning various members of his legal team to discuss developments, and consulting with Clark,” ABC said.
Moments later, Clark was overheard telling prosecutors, “Really bad for everyone … no good.”
Axios reported that Biden could be seen partially throwing his hands up in the air, apparently frustrated the case would not be coming to a close.
“I know you wanted to get this done,” Noreika told Biden. “I’m sorry, but I need more information. We need to get this right.”
This is Judge Maryellen Noreika, she is living proof there is hope & Integrity for our justice system we need more Judges like her to base cases on the law, not by the political party! pic.twitter.com/4J2iKg3Q7S
— 1mZerOCool🍎🎸🤘 (@1mZerOCool) July 27, 2023
Biden ultimately withdrew from the plea deal and pleaded not guilty to the crimes.
So it was a really bad day for Biden, but perhaps the forerunner to a good day for the cause of justice.