- Hunter Biden's deal with federal prosecutors calls for him to serve two years of probation.
- Under the deal, the president's son would face standard requirements such as clearing foreign trips.
Hunter Biden's deal with federal prosecutors that is currently in jeopardy calls for the president's son to be subject to two years of monitored release that would allow him to avoid a felony gun charge, according to documents obtained by Politico.
The rough outlines of Biden's plea agreement with prosecutors were previously known. But Politico obtained both the plea agreement and a separate diversion agreement after the entire deal was thrown into question during a chaotic hearing on Wednesday. US District Maryellen Noreika refused to OK the deal at the end of the hearing after peppering both Biden's attorneys and federal prosecutors with questions about the scope and constitutionality of the deal.
Under the diversion agreement, prosecutors would move to dismiss the felony gun charge if Biden stays out of further trouble for two years. If he violates the deal, he could face up to 10 years in prison.
Technically speaking, Biden would also not have to plead guilty to the charge. As part of the deal, Biden admitted to falsely claiming he was not using drugs when he bought a handgun in Wilmington, Delaware in 2018. At the time, as Biden would later write in his memoir, he was using crack.
The terms of Biden's agreement appear to be pretty standard. He can't drink or use drugs. He must agree to substance abuse treatment. Hunter Biden has said he has been sober since May 2019, when he married his current wife, Melissa Cohen. Biden could also never legally own a firearm. Biden must also submit all international travel plans for approval. Earlier this year, Biden joined his father, President Joe Biden, and some of his family for the president's trip to Ireland. Hunter Biden has been spotted frequently in the White House.
It's not clear if the current deal will go into effect. Noreika must sign off on the deal and she raised repeated questions about its scope. Former federal prosecutor Ken White wrote that the wording of the agreement is partially ambiguous and it makes sense why it's unclear whether the deal would end the other ongoing investigations into Hunter Biden.
The proposed plea deal calls for Biden to plead guilty to two misdemeanor tax charges, but it's not clear if federal prosecutors could impose additional charges related to Biden's foreign business dealings. Noreika asked prosecutors if Biden could still be charged under the Foreign Agents Registration Act (FARA), the same law that former Trump campaign manager Paul Manafort was prosecuted under. They said the deal would allow them to charge Biden under that law.
There's also a final wrinkle with the gun charge. Conservatives have questioned the constitutionality of limits on gun ownership. The very provision related to Hunter Biden's case is currently facing legal challenges.
Former President Donald Trump and other prominent Republicans have railed against the possibility that Hunter Biden may not face any jail time. House Republicans have also continued their own probes into Biden's foreign business.