Hunter Biden Deal Hit Snag Because Lawyers Worried Trump Could Be Re-Elected And Mess With It

L: AP Photo/Julio Cortez R: AP Photo/Lynne Sladky

Hunter Biden’s plea deal hit a snag because of a provision his lawyers demanded over concern ex-President Donald Trump could be re-elected and abuse his power to revoke Hunter’s probation.

After news broke last month that President Joe Biden’s only surviving son Hunter had reached a plea deal on three federal charges — two tax misdemeanors and one gun felony — ex-President Donald Trump and many other Republicans immediately complained loudly about the deal.

On Wednesday afternoon, the deal was thrown into turmoil as cable news breathlessly covered developments from the Delaware courtroom. The deal was ultimately put on hold and Biden entered a “not guilty” plea.

Among several areas of concern to Trump appointee Judge Maryellen Noreika was a provision that gave her sole authority to assess Hunter Biden’s adherence to the terms of his probation, as The New York Times explained:

Typically, the Justice Department could independently verify such a breach and bring charges. But Mr. Biden’s team, concerned that the department might abuse that authority if former President Donald J. Trump was re-elected, successfully lobbied to give that power to Judge Noreika herself, arguing that she would be a more neutral arbiter.

But Judge Noreika suggested that such an arrangement could be unconstitutional because it might give her prosecutorial powers, which were vested in the executive branch by the Constitution.

“I’m not doing something that gets me outside my lane of my branch of government,” said the judge, who repeatedly complained that both sets of lawyers viewed her as a “rubber stamp” rather than someone working to make the agreement more equitable and durable.

The judge ordered the two sides to go back and iron out that issue and others, and ordered Biden to keep his nose clean, essentially, after he entered a “not guilty” plea.

The White House issued a statement at Wednesday’s briefing:

Hunter Biden is a private citizen and this was a personal matter for him. As we have said, the President, the First Lady, they love their son and they support him as he continues to rebuild his life.

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, President Trump. So for anything further, as you know, and we’ve been very consistent from here, I’d refer you to the Department of Justice and to Hunter’s representatives, who is his legal team, obviously, who can address any of your questions.

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