Hunter Biden, the son of U.S. President Joe Biden, has announced his intention to plead guilty to federal tax evasion, with his legal team pushing for a quick resolution to the high-profile case.
At a federal courthouse in Los Angeles on Thursday, Biden’s lawyer, Abbe Lowell, informed the judge that Biden would be changing his plea from “not guilty.”
Previously, Biden had sought to resolve his federal tax evasion case in California with a plea deal in which he would maintain his innocence while accepting punishment. However, this arrangement would not have been finalized until District Judge Mark Scarsi, a Trump appointee overseeing the case, gave his approval in open court. Scarsi indicated that he would make his decision at a later date.
Instead, Biden is expected to enter an Alford plea, a type of guilty plea where the defendant accepts the court’s judgment while still maintaining their innocence. “There is overwhelming evidence of the defendant’s guilt,” Lowell told the judge. “This can be resolved today. It’s not a complicated issue.”
In a surprising development on Thursday afternoon, Biden’s team shifted their approach, now stating that Biden is prepared to admit that his conduct fulfills the criteria of the tax offenses with which he has been charged. Biden testified under oath in federal court in Los Angeles that no promises or pressures influenced his decision to plead guilty.
Prosecutors have requested that Judge Scarsi specifically ask Biden if he admits to all of the allegations in the indictment. “There has to be a factual basis for the court to take the plea. It should be crystal clear … The defendant should be made to indicate whether he agrees or disagrees with any of the facts put forward,” prosecutor Leo Wise said.
Prosecutors from Wise’s team have expressed opposition to an Alford plea. Wise stated that comments from Biden’s attorney, Abbe Lowell, earlier in the day were the first time he learned about a potential plea change.
“I want to make something crystal clear – the United States opposes an Alford plea,” Wise said. “Hunter Biden is not innocent. Hunter Biden is guilty. He is not permitted to plead guilty on special terms,” he added.
Lowell had previously indicated that there was no agreement between the parties—such as a plea deal—in which Biden would plead guilty to some charges in exchange for others being dropped.
According to Lowell, the only offer from prosecutors was for Biden to plead guilty to all nine counts.
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The potential resolution of the tax case comes just as a trial was set to begin in downtown Los Angeles. This would have marked Biden’s second criminal trial this year, following his conviction in June on three federal gun charges in Wilmington, Delaware.
Biden faces nine tax-related charges, including three felonies. Prosecutors allege that he failed to pay $1.4 million in federal taxes and evaded taxes by filing fraudulent returns. They also claim that Biden spent money on luxury cars, extravagant hotels, and sex workers instead of paying taxes when due.
The president’s son eventually paid approximately $2 million in back taxes and penalties after discovering the investigation and getting sober, following a long struggle with drug addiction and alcoholism.
In the weeks before the trial, the judge blocked Biden’s lawyers from informing jurors about the late tax payment or the origins of his addiction, a significant setback to his defense strategy.
During the brief hearing, Judge Scarsi noted that around 120 prospective jurors were waiting inside the courthouse as jury selection was scheduled to begin Thursday morning. Scarsi indicated that if he does not accept Biden’s attempt to resolve the case quickly, the trial will proceed with jury selection on Friday as planned.
Lowell criticized prosecutors for accusing Biden of seeking special treatment. “I know it makes a headline,” Lowell said, “but it’s so wrong.” He added, “Alford exists. The Supreme Court said it exists,” and “all over the United States, people do this.”
The change in plea comes shortly before jury selection was set to begin. Judge Mark Scarsi has yet to accept the plea, and federal prosecutors have indicated their opposition to the Alford plea.
Biden faces felony and misdemeanor charges for failing to pay at least $1.4 million in taxes while receiving substantial income from foreign business activities.
Charged with three felony tax offenses and six misdemeanors in December, Biden is accused of failure to file and pay taxes, tax evasion, and filing false returns.
The 56-page indictment alleges that Biden earned $7 million from foreign business dealings between 2016 and 2019. It also claims he spent nearly $5 million during that period on various personal expenses, including drugs, escorts, luxury hotels, and exotic cars, while neglecting to pay his taxes.
“In each year in which he failed to pay his taxes, the defendant had sufficient funds available to him to pay some or all of his outstanding taxes when they were due,” the indictment reads. “But he chose not to pay them.”
Without a plea deal, Biden could face up to 17 years in prison if convicted on all charges. This tax evasion trial marks Biden’s second federal criminal proceeding this year.
Hunter Biden’s behavior, compounded by his substance abuse issues, has been a focal point of criticism among right-wing lawmakers. He is also facing potential prison time following his conviction on felony gun charges in June.
Republicans have accused him of leveraging his father’s political position to secure lucrative business deals, including with the Ukrainian energy sector. Hunter Biden has denied these accusations and any illegal business dealings.
In July, Biden added Los Angeles attorney Mark Geragos to his legal team, with Lowell expected to take a secondary role in the tax case. President Joe Biden has consistently stated that he will not pardon his son in either case, although it is unclear if his position has changed since his decision to sentence.
