Hunter Biden has reached a tentative deal to plead guilty to two tax crimes and admit to the facts of a gun case, the Justice Department said Tuesday in a court filing.
President Joe Biden’s son, 53, agreed with federal prosecutors to plead guilty to two misdemeanor tax charges of willful failure to pay in 2017 and 2018, and admit to the illegal possession of a gun purchased in 2018.
The deal remains subject to the approval of a federal judge, and it’s not yet clear when Hunter Biden will appear in court.
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Sources familiar with the agreement told NBC News that the deal stipulates that the U.S. attorney has agreed to recommend probation for the tax charges. The court filings also state that Biden has “agreed to enter a Pretrial Diversion Agreement” in relation to the felony gun charge. Such diversion agreements typically involved a charge being dismissed as long as a defendant complies with certain legal conditions, though the filings in Biden’s case do not state what those conditions could be.
The agreement comes after five years of investigation by federal investigators into Biden’s activities. Delaware U.S. Attorney David Weiss—who was nominated by Donald Trump in 2018—negotiated the deal.
“With the announcement of two agreements between my client, Hunter Biden, and the [United] States Attorney’s Office for the District of Delaware, it is my understanding that the five-year investigation into Hunter is resolved,” Biden’s attorney Chris Clark told NBC News in a statement.
“Hunter will take responsibility for two instances of misdemeanor failure to file tax payments when due pursuant to a plea agreement. A firearm charge, which will be subject to a pretrial diversion agreement and will not be the subject of the plea agreement, will also be filed by the Government.”
Clark added that he knows “Hunter believes it is important to take responsibility for these mistakes he made during a period of turmoil and addiction in his life” and that he “looks forward to continuing his recovery and moving forward.”
According to sources cited by The Washington Post, Biden’s combined tax liability was around $1.2 million in 2017 and 2018. He has since fully repaid his back taxes. The firearm charge stems from a 2018 handgun purchase during a time when, by his own admission, Biden was using crack cocaine. Court filings say he bought the Colt Cobra revolver “knowing that he was an unlawful user of and addicted to a controlled substance.”
“The President and First Lady love their son and support him as he continues to rebuild his life,” White House spokesman Ian Sams said in a statement following news of the agreement. “We will have no further comment.”
The deal indicates that prosecutors did not find reason to bring charges on other allegations of wrongdoing, which have involved foreign lobbying, money laundering, and other possible crimes. Republican lawmakers have accused Biden of being involved in much more serious criminality involving international businesses, including in Ukraine, and dealings with people with links to the government of China.
They have also been critical of the justice system for allegedly attempting to avoid bringing charges against members of the Biden family for political reasons. Some conservatives have been particularly aggrieved about the perceived gentle treatment of Biden in contrast with the more serious accusations and potential punishments currently being faced by the GOP’s 2024 frontrunner, Donald Trump.
The former president himself pushed that narrative again himself on Tuesday following news of the deal. “Wow!” Trump wrote on his Truth Social platform. “The corrupt Biden DOJ just cleared up hundreds of years of criminal liability by giving Hunter Biden a mere ‘traffic ticket.’ Our system is BROKEN!”