Hunter Biden updates: Plea deal on tax charges potentially ends DOJ probe

The younger Biden has been under investigation for alleged tax-related offenses.

ByPierre Thomas, Aaron Katersky, and Lucien Bruggeman
Last Updated: June 20, 2023, 4:55 PM EDT

Hunter Biden, the president's son, has agreed to plead guilty to a pair of tax-related misdemeanors and enter into a pretrial diversion agreement that would enable him to avoid prosecution on one felony gun charge, which would potentially end a yearslong probe, according to court documents filed Tuesday.

Biden will acknowledge his failure to pay taxes on income he received in 2017 and 2018, according to the agreement. In exchange, prosecutors will recommend probation, meaning he will likely avoid prison time. For the gun charge, he will agree to pretrial diversion, with the charge being dropped if he adheres to certain terms.

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Here's how the news is developing. All times Eastern.
Jun 20, 2023, 10:05 am

Hunter Biden to plead guilty to tax charges, enter pretrial program for gun charge

Hunter Biden, the son of President Joe Biden, has agreed to plead guilty to a pair of tax-related misdemeanors as part of a deal that would potentially end a politically fraught and yearslong probe into his personal and professional life, according to court documents filed Tuesday.

Under an agreement negotiated with the U.S. attorney's office in Delaware, the younger Biden, 53, will acknowledge his failure to pay taxes on income he received in 2017 and 2018. In exchange, prosecutors will recommend probation, meaning he will likely avoid prison time.

The agreement also includes what is known as a pretrial diversion for one felony count related to illegal possession of a firearm, which would not require Hunter Biden to submit a plea on that charge and stipulates that prosecutors would agree to drop it if he adheres to certain terms over a specified period of time.

If a federal judge accepts the deal, Tuesday's development would mark the conclusion of an investigation that has dogged not only Hunter Biden, but also his father, whose political foes have latched onto the younger Biden's overseas business dealings to level allegations depicting the entire Biden family as corrupt.

Jun 20, 2023, 11:55 AM EDT

McCarthy: 'If you are the president's son, you get a sweetheart deal'

House Speaker Kevin McCarthy gave his first reaction to Hunter Biden's plea deal this morning, telling ABC News "it continues to show the two-tiered system in America."

"If you are the president's leading political opponent, the DOJ tries to literally put you in jail and give you prison time," McCarthy said.

House Speaker Kevin McCarthy speaks during an event at the US Capitol in Washington, D.C., on June 7, 2023.
Jim Watson/AFP via Getty Images

"If you are the president's son, you get a sweetheart deal," he continued.

McCarthy said the development will only "enhance" their congressional investigations because the Justice Department "should not be able to withhold any information now."

He ignored questions from ABC News about whether Congress wants to hear directly from David Weiss, the U.S. attorney appointed by Trump who conducted the investigation. A source familiar with the matter told ABC News that U.S. Attorney General Merrick Garland left the decision completely up to Weiss.

-ABC News' Katherine Faulders, Lauren Peller, Gabe Ferris and Lalee Ibssa

Jun 20, 2023, 11:55 AM EDT

Sen. Graham says plea raises questions about 'sweetheart deal'

Sen. Lindsey Graham, a top ally for former President Donald Trump, said news of Hunter Biden's plea deal raises a lot of questions about the Department of Justice's actions.

Graham is the first Senate Republican to comment on camera since news of the guilty plea broke.

"This has taken over four years. And to wind up with tax evasion and a gun charge, there will be a lot of questions. And the one question that people ask: Is this a sweetheart deal?" Graham said while talking to reporters at a press conference in Mount Pleasant, South Carolina.

-ABC News' Allie Pecorin

Jun 20, 2023, 11:01 AM EDT

Hunter Biden takes responsibility for 'mistakes'

Hunter Biden, in a statement released by his lawyer Chris Clark, confirmed he was set to plead guilty to the tax charges and enter a pretrial diversion program for the gun possession charge.

"I know Hunter believes it is important to take responsibility for these mistakes he made during a period of turmoil and addiction in his life," Clark said in a statement. "He looks forward to continuing his recovery and moving forward."

President Joe Biden, with son Hunter Biden, arrives at Hancock Field Air National Guard Base in Syracuse, N.Y., on Feb. 4, 2023.
Andrew Caballero-Reynolds/AFP via Getty Images, FILE

Jun 20, 2023, 10:45 AM EDT

AG Garland declines to comment, left decision on deal to Weiss

A spokesperson for Attorney General Merrick Garland declined to comment when asked about the plea deal reached with Hunter Biden.

Garland is currently overseas in Stockholm, Sweden for the EU/US Justice and Home Affairs Ministerial meeting.

The decision to enter this deal was entirely left to U.S. Attorney David Weiss' discretion, according to a source familiar with the matter.

Attorney General Merrick Garland speaks during a meeting with all of the U.S. Attorneys to discuss violent crime reduction strategies at the Department of Justice in Washington, Wednesday, June 14, 2023.
Jose Luis Magana/AP, FILE

Garland has previously told Congress that Weiss had full authority to bring whatever charges he may deem proper in accordance with DOJ's guidelines.

He has also testified repeatedly that Weiss' investigation has remained free from any improper political interference, which he affirmed in a press conference last month when asked about allegations by a purported IRS whistleblower who has sought to alert congressional leaders about potential misconduct in DOJ's handling of the probe.

-ABC News' Alexander Mallin