Hunter Biden tried to change his plea in his federal tax trial moments before jury selection was about to begin on Thursday.
President Biden’s son was indicted in California last December on three felony counts of tax evasion and filing a false return and six misdemeanor counts of failure to return. The U.S. Department of Justice (DOJ) accused Hunter Biden of not paying at least $1.4 million in self-assessed federal taxes between 2016 and 2019 and evading the assessment of taxes in 2018 when he filed false returns.
Hunter Biden originally pleaded not guilty to all charges, but during the first day of trial on Thursday, his lawyer Abbe Lowell attempted to submit a plea in which Biden maintains his innocence but acknowledges that the prosecution has enough evidence to convict him.
This type of arrangement is known as an “Alford plea” and would need approval from U.S. District Judge Mark Scarsi, who is overseeing the case. Prosecutors said they needed to talk about the arrangement, which they had not been told of in advance. Scarsi then called for a recess until 11:00 a.m. Pacific time.
If Scarsi approves of the plea, Hunter will accept whatever sentence the judge eventually gives.
Hunter Biden, center, and his wife Melissa Cohen Biden, arrive in federal court for jury selection for his trial on felony tax charges Thursday, Sept. 5, 2024, in Los Angeles.
AP Photo/Jae C. Hong
Biden walked into the Los Angeles courtroom on Thursday, holding hands with his wife, Melissa Cohen Biden. His wife also stood by him during his trial for unrelated gun charges a few months ago.
In June, a Delaware jury convicted Biden of lying about his drug use on a 2018 federal form to purchase a gun that he had for 11 days. At the time, Lowell said they were “naturally disappointed” by the verdict and would “vigorously pursue all the legal challenges available.”
Sentencing for his gun conviction is scheduled for November 13. Biden could get a maximum of 25 years in prison, but he is likely to get far less time or avoid prison entirely since he is a first-time offender.
Biden’s attorneys previously indicated that they would argue in his tax trial that he didn’t act “willfully” or didn’t intend to break the law, in part because of his past drug and alcohol addiction. Biden’s 2021 memoir, Beautiful Things, has a strong focus on his lifelong struggles with alcohol and drugs, particularly crack cocaine.
However, Scarsi restricted Biden’s attorneys from connecting his addiction to the death of his older brother Beau Biden, who died from cancer in 2015, or the death of his mother, Neilia Hunter, and baby sister, Naomi Biden, both of whom died in a car accident when Hunter Biden was a toddler. Scarsi also barred Biden’s team from bringing in an expert to testify about addiction.
There was a plea deal and diversion agreement that would have not brought the gun or tax charges to trial, but after being scrutinized by a judge, it fell apart in July 2023.
This article includes reporting from The Associated Press.
