According to Mediate, Hunter Biden’s plea deal on three federal charges (two tax misdemeanors and one gun felony) hit a snag due to a provision requested by his lawyers. The provision gave the judge sole authority to assess Hunter’s adherence to the terms of his probation, instead of the Justice Department independently verifying any breaches and bringing charges.
The reason for this demand was concern that if former President Donald Trump were to be re-elected, he could potentially abuse his power to revoke Hunter’s probation. Hunter’s legal team argued that the judge would be a more neutral arbiter in this situation. However, Judge Maryellen Noreika raised concerns about the constitutionality of such an arrangement, as it might give her prosecutorial powers that are constitutionally vested in the executive branch.
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.
Judge Noreika expressed her frustration with both sets of lawyers viewing her as a “rubber stamp” rather than someone working to make the agreement more equitable and durable. As a result, the judge ordered the two sides to address this issue and other concerns before moving forward with the plea deal.
The White House issued a statement emphasizing that Hunter Biden is a private citizen, and the case was handled independently by the Justice Department under the leadership of a prosecutor appointed by former President Trump. They reiterated their support for Hunter as he continues to rebuild his life and referred further inquiries to the Department of Justice and Hunter’s legal team.
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.
