Hunter Biden pleads guilty in federal charges and avoids trial

LOS ANGELES – Hunter Biden pleaded guilty Thursday to all counts in the federal tax case against him, a surprise move that could avoid a potentially embarrassing trial for President Joe Biden’s son.

The verdict is scheduled for December 16.

The plea to the nine charges before the federal court in Los Angeles came after prosecutors had earlier that day objected to his attempt to enter what is known as an Alford plea, in which a defendant pleads guilty based on the strength of the evidence against him while maintaining his innocence.

The younger Biden instead opted for a so-called open plea, in which the defendant pleads guilty to all charges and leaves the sentencing to the judge without obtaining an agreed recommendation from the prosecution.

“Mr. Biden will agree that the elements of each crime are met,” Biden’s attorney Abbe Lowell told the judge.

US District Judge Mark C. Scarsi then swore in Biden to confess. As part of the unusual confession process, prosecutor Leo Wise had to read the 56-page indictment in open court.

“Do you agree that you committed all elements of all the crimes in counts one through nine of the indictment?” the judge asked after reading the charges. “Yes,” Biden replied before pleading guilty to all counts.

Lowell told Scarsi that a ruling prohibiting Biden from citing past trauma as a reason for his substance abuse in his defense “played a role in his decision about what was best for him.”

Scarsi had ruled that such information had no relevance to whether Biden had committed the crimes he was accused of.

Lowell had told the judge earlier in the day that the younger Biden wanted an Alford plea and “would agree that … if there were to be a trial, there would be evidence to convict beyond a reasonable doubt.”

Wise said that was not good enough, telling Scarsi that such an appeal was “not in the public interest. It violates the rule of law and we believe it is unfair.”

“Hunter Biden is not innocent. Hunter Biden is guilty,” Wise said.

The dramatic developments came just before the expected start of jury selection for Biden’s second trial this year. Hunter Biden, the president’s only surviving son, is the first offspring of a sitting president to stand trial for a crime.

The change in plea was not the result of an agreement with the government. Wise told the judge on Thursday: “This is the first we’ve heard of this.”

Shortly after Lowell’s announcement, the court adjourned to give prosecutors and Biden’s lawyers time to deliberate.

When they returned, Wise told the judge, “I want to make it very clear: The United States is opposed to an Alford plea.” He also asked for some time for prosecutors to discuss next steps.

Lowell said he was convinced that “the court is obligated to grant the plea” and that the details “can be resolved today.”

Scarsi said after returning from recess, “I have not yet seen a case that tells me I have to accept an Alford plea.” He said he is considering whether both sides should file briefs outlining their legal arguments.

“I need a reason why I accept or reject a confession,” the judge said.

Lowell then said his client would simply plead guilty to the charges against him.

The president ignored questions from reporters earlier in the day about the attempted change of confession. He had previously said he would not use his presidential power to pardon his son or commute his sentence, and White House press secretary Karine Jean-Pierre told reporters Thursday that was still his position. “It’s still no,” she said.

Biden, 54, was charged in December with three felonies and six misdemeanors, alleging that he failed to pay his taxes during a period when he said he was addicted to drugs and after he got sober.

The appeal protects Biden from a public trial in which the prosecution had more than two dozen witnesses, some of whom were expected to give embarrassing and offensive testimony about Biden’s drug use and spending.

The indictment states that Biden “participated in a four-year conspiracy in which he failed to pay at least $1.4 million in self-assessed federal taxes for tax years 2016 through 2019, from approximately January 2017 through approximately October 15, 2020, and evaded tax assessment for the 2018 tax year by filing false tax returns in approximately February 2020.”

The money was spent “on drugs, escorts and girlfriends, luxury hotels and rental properties, exotic cars, clothing and other items of a personal nature, in short, everything except his taxes,” the indictment states.

Prosecutors also alleged that the tax returns Biden eventually filed were falsified, falsely declaring as business expenses money he paid to an escort, a strip club, a membership fee to a sex club, a pornographic website, and his daughter’s college tuition and rent.

An earlier deal with prosecutors on similar charges in Delaware fell through last year after a judge expressed skepticism about some of the terms. Under that agreement, Biden would have pleaded guilty to tax offenses in exchange for a recommended six months’ probation, while a felony charge related to purchasing a gun while under the influence would have been dropped within two years if Biden stayed out of legal trouble.

U.S. District Judge Maryellen Noreika refused to sign the deal. “These agreements are not straightforward and contain some atypical provisions,” Noreika said last year. One component of the deal could have protected Biden from prosecution for other tax offenses.

Biden’s lawyers and prosecutors were unable to agree on a revised agreement, resulting in Special Counsel David Weiss’s office charging Biden with gun offenses in Delaware and enhanced tax offenses in California.

Evidence of Biden’s addiction history was at the center of another case brought by Weiss’ office in Delaware earlier this year. Biden was ultimately found guilty on three counts related to possession of a firearm while under the influence of drugs.

The verdict in this case is scheduled for November 12. He has announced that he intends to appeal the verdict.