DOJ prosecutors agreed to not prosecute Hunter Biden for past crimes — but changed course in court

First son Hunter Biden was set to receive sweeping immunity protection under the terms of a plea deal negotiated with federal prosecutors — only for the Justice Department to backtrack under questioning from a Delaware judge during a Wednesday hearing.

Special Assistant US Attorney Leo Wise and Hunter lawyer Christopher Clark both signed a probation-only agreement to allow the 53-year-old first son to plead guilty to two tax misdemeanors and enter a diversion program for a felony charge of possessing a firearm while addicted to crack cocaine, according to a copy of the document obtained by Politico.

The memo stated that prosecutors would also not seek to charge Hunter Biden for any federal crimes attached to his case, which included millions of dollars in missed tax payments between 2016 and 2019.

The deal only left open the possibility of “prosecution for any future conduct” by the president’s son — ensuring that possible violations of foreign lobbying laws and money laundering would be forever uncharged.

Under its terms, Hunter would serve two years on probation for the tax crimes. He would also have to seek active employment, remain sober, submit to drug tests, be fingerprinted by the FBI and not commit other crimes.

But in Wilmington federal court, Wise diverged from the plan and told US District Judge Maryellen Noreika that the unprecedented agreement did not preclude prosecutors from ongoing investigation into the first son’s alleged crimes — prompting gasps from those in the room.

“As far as I’m concerned, the plea agreement is null and void,” defense attorney Chris Clark said in response.

Noreika repeatedly expressed skepticism about the scope of the agreement, accusing both sides of wanting her to “rubber-stamp” an improperly broad deal and asking Wise at one point: “Have you ever seen a diversion agreement that is so broad that it encompasses crimes in another case?”

“No, your honor,” Wise admitted when Noreika asked if he could think of any precedent.

The federal charges stemmed from what DOJ prosecutors called Hunter’s “lucrative domestic and international business interests” at his private equity firm Rosemont Seneca between 2017 and 2019 as an attorney and businessman, as well as his position on the board of the Ukrainian gas company Burisma Holdings and the Chinese private equity fund BHR Partners.

Additionally, the first son took in $2.3 million in 2017 and $2.1 million in 2018 as legal counsel at the law firm Boies Schiller Flexner LLP.

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