No federal deal in Hunter Biden case after judge raises concerns
WILMINGTON, Del. (CBS/AP) -- Hunter Biden's plea deal is officially off Wednesday after it fell through shortly after President Joe Biden's son arrived at a federal court where he was expected to plead guilty to two tax crimes and admit possessing a gun as a drug user in a deal with the Justice Department that was likely to spare him time behind bars.
It was expected to be a short hearing, with the judge accepting the deal between Hunter Biden and the Justice Department. However, three hours later, the judge refused to make a decision and left the case in limbo.
U.S. District Court Judge Maryellen Noreika, who was appointed by President Donald Trump, said she was concerned about the language in the diversion agreement, which contained details about not prosecuting Biden for tax crimes in the future. She suggested the lawyers get back together and discuss it.
Biden showed walked into federal court in Wilmington, Delaware, Wednesday morning, prepared to plead guilty to the tax charges in exchange for probation. But the deal unraveled and is now on hold.
Instead, he entered a not-guilty plea and will be back in court at a later date.
The charges were filed in June and include two misdemeanor counts of "willful failure to pay federal income tax," as well as a third for possession of a handgun by a drug user.
Biden was to enter a diversion program for that charge, which would have erased it from his record if he stayed drug free and didn't commit any additional crimes for two years.
However, some republicans called the deal a slap on the wrist, saying he was getting preferential treatment and if he wasn't the president's son, he wouldn't have gotten that agreement.
"Americans should not have to accept two tiers of justice in this country," Republican Rep. Jason Smith of Missouri said. "One, if your last name is Biden and one for everybody else."
They've criticized the investigation run by Trump-appointed U.S. Attorney David Weiss.
This month, two IRS whistleblowers testified to Congress that their investigation was blocked and said they had evidence supporting felony tax charges.
House Democrats have pushed back.
"There is no evidence that Hunter Biden has received any kind of official favoritism in this prosecution for being Joe Biden's son," Democratic Rep. Jamie Raskin of Maryland said.
Now, House Speaker Kevin McCarthy says Republicans may consider an impeachment inquiry against President Biden in search of answers.
The Department of Justice says the prosecutor who led the case against Hunter Biden could soon testify publicly on Capitol Hill.
The House Judiciary Committee is currently investigating the DOJ after those two whistleblowers came forward saying that the president's son was given preferential treatment.
President Biden, meanwhile, has said very little publicly, except to note, "I'm very proud of my son."
The judge deferred judgement, meaning she didn't accept nor decline the agreement. Instead, the two sides have to come up with another solution and file legal documents as to why this agreement is justified.
The agreement would've also allowed Biden to avoid jail time. Now, it's not clear when he will be back in court.
He was expected to speak after Wednesday's proceedings, but instead got into his SUV escorted by the secret service and drove away.
The Associated Press contributed to this report.