Hunter Biden, son of US President Joe Biden, arrives in court for his tax evasion trial in Los Angeles on September 5, 2024.
Ringo Chiu | AFP | Getty Images
Hunter Biden prepared to plead guilty in his criminal tax case in Los Angeles federal court Thursday afternoon, hours after jury selection was set to begin in the trial of President Joe Biden’s son.
Hunter Biden pleaded guilty after prosecutors strongly objected to his surprise offer earlier in the day to submit a special statement — known as Alford plea — that would preserve his belief that he was innocent, but concede that prosecutors had enough evidence to convict him at trial.
Had the Alford plea been accepted by U.S. District Judge Mark Scarci, Biden would have been convicted of the charges.
The plea the 54-year-old’s lawyer said he would make to Scarci is an “open plea,” or a plea made without an agreement with prosecutors, which may have included a reduction in the number of criminal charges.
Biden is charged in the case with three felony counts and six misdemeanor counts related to failing to pay at least $1.4 million in federal taxes between 2016 and 2019.
He was accused of deducting the money he paid sex workers from his taxes as a business expense and spending “millions of dollars on an extravagant lifestyle instead of paying his tax bills,” according to an indictment.
“Mr. Biden will agree that the elements of each offense have been satisfied,” Biden attorney Abby Lowell told Scarci after returning from a break from arguments on the proposed guilty plea.
When Scarci asked special counsel Leo Wise, the prosecutor, if that was enough, Wise said he would prefer that Biden admit his actions as charged in an indictment.
“Will Mr. Biden agree that this is the truth? Because the truth matters,” Wise said. “He should say the facts are true!”
Lowell then argued that this was not required by law.
“He just has to agree with the evidence,” Lowell said. “I know Mr. Wise would like Mr. Biden to say, ‘and besides, I was a very bad person when I did that,’ but that’s not what the law requires.”
Scarci said, “Well, we’re going to take an open plea from Mr. Biden. And I’m going to ask whether you engaged in conduct that satisfies the element of the indictment.”
Wise then began reading the entire 56-page indictment aloud to the court.
In June, Biden was found guilty at trial in another case where he was charged with crimes related to the purchase of a gun in 2018 while he was a crack cocaine user and addict.
He is awaiting sentencing in that case, which was heard in U.S. District Court in Delaware.
On Thursday morning in federal court in Los Angeles, more than 100 potential jurors gathered for jury selection in Biden’s tax case.
But Biden’s lawyer, Lowell, surprised prosecutors and others in court when he told Scarci: “There is no reason to proceed with jury selection as Mr. Biden intends to change his plea.”
Lowell told Scarci there was “no deal” with prosecutors regarding Biden’s planned Alford plea. But the lawyer said there is no requirement for such an agreement.
“The law is very clear. If the defendant meets Rule 11b, the court must accept the plea,” Lowell said.
Lowell also said, “I don’t think we would agree under conventional plea conditions.”
Wise, the special counsel, told Scarsi, “This is the first we’ve heard of this.”
Wise asked for time to privately discuss the proposed change of plea.
“I think this can be resolved today,” Lowell said. “He doesn’t need days.”
After a break, Wise told the judge, “I want to make this clear: The U.S. opposes an Alford plea.”
“There’s no way we’re going to take an Alford plea,” Wise said. “It’s not in the public interest, it’s against the rule of law and we think it’s an injustice.”
“Hunter Biden is not innocent. Hunter Biden is guilty,” Wise said.
“We were as shocked as anyone,” the prosecutor said of the proposed Alford plea.
And he said the prosecution is not in a position to evaluate that plea offer Thursday.
“There’s no way to rush this point. And it shouldn’t be rushed,” Wise said.
According to Justice Department guidelines, federal prosecutors “may not consent” to an Alford plea “except in the most unusual circumstances and only after the Assistant Attorney General, the Tax Division or a senior Department official approves a written request ».
Lowell told Scarci that Biden is not asking for special treatment, noting that “people across the United States” accept Alford pleas.
“He’s asking for the same rights as others,” Lowell said. “He’s willing to say that the government has presented sufficient evidence to prove the case beyond a reasonable doubt. … I don’t know why the government wants to gamble.”
Scarci called another adjournment after hearing arguments and told the attorneys, “I haven’t seen a case that tells me I should take an Alford plea.”
But the judge also said, “Assuming I have the opportunity to throw out an Alford plea, why wouldn’t I?”
“I need a reason why I accept or decline a plea,” Scarci said.
After that break, Biden returned to the courtroom, where Lowell said he would publicly plead guilty, rejecting the motion for an Alford plea.
President Biden, as he left the White House earlier Thursday to travel to Wisconsin, pointedly ignored questions from reporters about his son’s plan to change his initial plea of not guilty in the case.
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