(CN) — A Trump-appointed federal judge derailed a plea deal set to keep Hunter Biden out of prison on federal tax evasion charges in the midst of a hearing Wednesday, seeking more clarity on the terms of the agreement for the president’s son.
The 53-year-old pleaded not guilty in the District of Delaware to two charges of failing to pay federal income taxes on time in 2017 and 2018.
Biden was in court ostensibly to plead guilty, but the hearing was quickly and surprisingly derailed over terms that confused the judge and led to disagreements between the prosecution and defense.
The president’s son had two separate but connected agreements with prosecutors. Under the first, he would plead guilty to the tax charges. The second agreement involved a separate charge for illegally purchasing a handgun in 2018. Biden was expected to enter no plea on the charge but would agree to a diversion program.
Working in concert, the deals would require Biden to live drug-free for two years and never again own a firearm. Violating those terms would result in him being prosecuted on the firearms charge, which carries a maximum sentence of 10 years in prison.
Prosecutors planned to recommend a sentence of probation for the tax charges, which each carry a maximum sentence of 12 months in prison. Court documents say Biden owed more than $100,000 in income tax that wasn’t paid on time.
The overlapping agreements created confusion for U.S. District Judge Maryellen Noreika, who ordered the defense and prosecution to explain within 30 days why she should accept the deal.
“It seems to me like you are saying, ‘Just rubber stamp the agreement, Your Honor,’" the judge said, according to The Associated Press. "This seems to me to be form over substance.”
When the hearing got underway, multiple media outlets reported that Biden’s lawyers wanted the agreement to shield their client from future charges on unrelated crimes. Prosecutors, however, said that wasn’t the purpose of the deal.
The probe, which was opened in 2018, has been a frequent talking point for Republican politicians who have accused Hunter Biden broadly of improper overseas business deals. His plea agreement has brought cries of favoritism within the Department of Justice under President Joe Biden’s administration.
Congressional Republicans sought to influence the hearing through a court filing this week asking the judge to consider recent testimony by two Internal Revenue Service whistleblowers who said the investigation was hamstrung.
The White House and the president have routinely declined to comment on the investigation or court proceedings. "The president and first lady love their son," a spokesperson said in a statement last month without any further remarks.
“Hunter Biden is a private citizen and this was a personal matter for him,” White House press secretary Karine Jean-Pierre said Wednesday. “This case was handled independently, as all of you know, by the Justice Department under the leadership of a prosecutor appointed by the former president.”
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