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September 5, 2024
On morning of scheduled federal trial, Hunter Biden attempts to enter an Alford plea
As reported here in the Washington Post, "President Joe Biden’s son Hunter tried to resolve his federal tax case Thursday as jury selection was about to begin, offering an Alford plea in which he maintains he is innocent but acknowledges that the prosecution’s evidence would likely result in a guilty verdict." Here is more:
Prosecutors objected to the proposal, which they had not been told of in advance. U.S. District Judge Mark Scarsi is expected to decide this afternoon whether to adjourn the proceedings until Friday or give the two sides more time to come to agreement.
“I want to make crystal clear: the U.S. opposes an Alford plea ... Hunter Biden is not innocent, he is guilty," Leo Wise, an attorney working for special counsel David Weiss, told the judge. "We came to court to try this case.”
Biden’s attorney, Abbe Lowell, noted that Alford pleas are an option available to all criminal defendants — even though such plea agreements are relatively rare. “All over the U.S. people do this,” Lowell said. "It’s not that [Hunter Biden] seeks special treatment, but that he gets the same rights as everyone who is charged.”
Weiss charged Biden last year on nine tax-related counts, accusing him of failing to pay at least $1.4 million in federal taxes from 2016 through 2019. Three charges were felonies and six were misdemeanors. They include failing to file and pay taxes, tax evasion and filing false tax returns. Weiss separately charged Biden last year with three felony gun counts in Delaware. A jury convicted Biden on all three charges in June, and he is scheduled for sentencing in November.
The indictments came after a lengthy investigation into Biden’s business dealings while his father was vice president, which Republican lawmakers and former president Donald Trump have tried to use as evidence of corruption within the Biden family. No evidence has surfaced publicly to suggest any wrongdoing by Joe Biden.
The younger Biden has said he has undergone treatment for addiction and is no longer using drugs. While his addiction to crack cocaine was a central theme of his gun trial, the Los Angeles case is expected to delve into Biden’s lavish spending and sex life during that period — much of which he chronicled in his 2021 memoir. Among the accusations laid out in the nine-count indictment is that Biden wrote off money he paid sex workers as business expenses on his tax forms.
An Alford plea, named after a case North Carolina v. Alford, is a way for a defendant to register a formal admission of guilt toward charges they are facing while simultaneously maintaining their innocence. United States attorneys are only able to consent to Alford pleas “in the most unusual of circumstances” and consult with top officials at the Department of Justice before doing so, according to federal prosecution guidelines....
The president, who has made clear he thinks the criminal charges against his son are politically motivated, has said emphatically that he does not plan to pardon Hunter Biden’s criminal convictions. Some of Hunter Biden’s allies hope he will change his mind, however, and issue a pardon after the November election.
Just as Hunter Biden was beginning the day in court, the president was leaving the White House to travel to La Crosse, Wis., for an event touting his administration’s economic policies. From Air Force One, White House press secretary Karine Jean-Pierre reiterated that the president would not pardon or commute Hunter Biden’s sentence. “No," she told reporters on Air Force One. "It is still very much a no.”
UPDATE: This Politico article reports that Hunter Biden's guilty plea was entered this afternoon, though it appears it was just a standard open plea to the charges rather than an Alford plea:
Hunter Biden pleaded guilty Thursday to tax evasion and other tax crimes in an 11th-hour about-face that surprised prosecutors as a trial was about to begin....
The only remaining question now is how much prison time, if any, Biden will face. Shortly after Biden entered his guilty plea, U.S. District Judge Mark Scarsi scheduled his sentencing on the tax charges for Dec. 16. Biden is scheduled to be sentenced in the gun case in November.
Biden faces up to 17 years in prison for the tax charges, though experts say lighter sentences in similar cases are more common. Scarsi will consider Biden’s admission of guilt when he sentences him....
The plea was not part of a plea deal, meaning prosecutors did not promise to recommend a reduced prison sentence.... After Scarsi questioned the Alford arrangement and signaled he might seek further legal arguments on whether he should accept it, Biden conferred with his lawyers and entered a straightforward guilty plea.
<P>As Scarsi questioned Biden about the plea in open court, the judge stressed that he still had the authority to hand down a hefty sentence. “With regard to sentencing, there’s no guarantees. You understand that?” Scarsi, an appointee of Donald Trump, asked....
Biden is scheduled to be sentenced on Nov. 13 in the gun case, where federal sentencing guidelines recommend up to 21 months in prison, though Biden could receive much less or even no prison time at all. In the tax case, prosecutors alleged that Biden earned more than $7 million during the years in question and later plotted to fraudulently lower the taxes he owed on that income by falsely labeling trips and other luxury purchases as business expenses. They said he used the money to fund a lavish lifestyle filled with drugs, strippers and sports cars.
September 5, 2024 at 04:06 PM | Permalink
Comments
Joe Biden is going to pardon this guy. That’s for sure.
Although the federal government did its best to keep Hunter Biden from paying for his crimes—e.g., letting him skate on FARA and two years of tax evasion—the line attorneys deserve to be praised. Abbe Lowell has threatened their careers (something for which he should be disbarred). I think Hunter Biden should get 10 years.
Posted by: Yet-Yet | Sep 5, 2024 9:07:39 PM
The guidelines range appears to be 3-4 years (and that assumes no credit for acceptance of responsibility).
Posted by: tmm | Sep 6, 2024 10:51:52 AM
I have a different theory on the possible pardon for Hunter Biden from his impending sentencing on the section 922(g)-gun charge and the tax evasion and false tax return charges. I think Joe Biden will keep his word not to pardon Hunter, so long as Kamala Harris wins the November 5, 2024 election and is sworn in as President on January 20, 2025. My expectation is that Joe won't pardon Hunter unless Kamala loses the election. If Kamala wins the election, she will pardon Hunter during her first week in office. This means that Hunter may actually have to serve several weeks in custody, but it will keep the historical record cleaner for President Biden. President Bill Clinton pardoned his half-brother, Roger Clinton, for an old cocaine conviction during his last week in office, but no one cared then because the conviction was so far in the past and Roger had already served the entire sentence. Other than the Clinton example, I am unaware of any prior President pardoning a member of his immediate family. Also, George H.W. Bush pardoned Secretary of Defense Casper Weinberger prospectively, on his last day in office, for crimes that he may have committed in connection with the Iran-Contra Affair. Vice President Dick Cheney's chief of staff, Scooter Libby, was convicted of crimes related to the Valerie Plame Affair and sentenced to 30 months in prison, but President George W. Bush commuted his sentence, so that he did not serve any prison time, but was still stuck with the felony convictions and fine. Libby was also disbarred from practicing law. Subsequently, Scooter Libby got his pardon from President Donald Trump.
Posted by: Jim Gormley | Sep 8, 2024 12:16:45 PM
This won't get published because of the ban, but I thought you might be interested in this tidbit from Abbe Lowell:
https://redstate.com/leslie-mcadoo-gordon/2024/09/07/hunter-biden-pled-guilty-but-can-he-still-appeal-well-actually-n2179024
Lowell is reserving appeal rights. That's an issue near and dear to your heart.
Posted by: federalist | Sep 8, 2024 12:45:29 PM
Nobody is banned, federalist, and I have even allowed you to post under other names (though I still consider it very bad form for anyone to adopt the moniker of other commentors). I started moderating/screening comments hoping for this comment space to be far more on-topic, productive and polite. By my lights, the new approach is working well, with the caliber and content of comments greatly improved.
On the substance of your on-topic, productive and polite comment, federalist, the piece you link effectively reviews how an open plea gives up only certain appeal issues regarding the conviction. But it does not fully engage with the issue that is truly dear to my heart, which is the waiver of appeal rights with regard to a sentencing that has not yet happened and could involve all sort of (impossible to fully anticipate) errors.
Thanks for engaging in an on-topic, productive and polite way, federalist.
Posted by: Doug B | Sep 8, 2024 3:24:57 PM
For many reasons, Open Guilty Pleas, made to the Court without any agreement with the Government on sentencing recommendations and other issues, are quite rare. Might Abbe Lowell seek to appeal some of the Judge's decisions in limine, before trial, which were all against defendant Hunter Biden? The problem in all of that is that when he pleads guilty, the defendant has been placed under oath, and he is swearing that he is guilty, regardless of the Judge's decisions on Motions in Limine. So, presumably the only mistakes that might be raised on direct appeal following an open guilty plea would be sentencing errors, not the guilt of the defendant.
Posted by: Jim Gormley | Sep 8, 2024 8:45:12 PM
In another thread, tmm, in an exercise in sophistry, stated that no defendant would get the benefit of a sentencing delay like Trump. (Of course, Trump is being subject to a bespoke prosecution.) Well, how many defendants would get the hookups that the DOJ has tried to give Hunter. But tmm is silent about that.
Posted by: federalist | Sep 9, 2024 12:10:43 PM
Mr. Gormley, I believe that Scooter's law license was reinstated. Note the difference between how the DC establishment treated Scooter Libby and Kevin Clinesmith . . . . and Clinesmith's crime was far worse.
Posted by: federalist | Sep 9, 2024 1:46:58 PM