Previous Plea Deal Could Damage Biden’s Tax Case

( – According to a The Federalist December 12 report, Hunter Biden’s legal team filed four separate motions to dismiss with the federal court in Delaware on December 11, asking the judge to eliminate three felony gun charges. The report’s author Margot Cleveland explained that while the Delaware case is different from his tax case, Biden’s motion to dismiss relying on the pretrial diversion deal might spell trouble for his tax charges in California

In his motion to dismiss the felony gun charges, his lawyers argued that the pretrial diversion deal contractually bound the government to its terms, as it focused on Hunter Biden’s possession of a gun as an addict of controlled substances. The lawyers said the agreement prohibits the government from prosecuting the president’s son if he complied with the terms for 24 months.

As noted by Cleveland, the government’s commitment to not prosecuting Hunter Biden could extend beyond gun charges to encompass different federal crimes related not only to some of his business operations but also tax offenses. She also pointed out that if the pretrial diversion agreement is eventually deemed valid, it could prevent the prosecution of Hunter Biden’s gun charges in Delaware and render the tax charges in California off-limits.

Cleveland noted that the main question right now is whether Judge Noreika will hold that the deal is a valid and enforceable contract. She revealed that different comments made by the federal judge during the plea hearing suggest there will be two possible conclusions.

The first possibility is that Noreika will conclude that the deal isn’t a binding contract. She might argue that Biden and the government didn’t have any “meeting of the minds” about whether the diversion and plea deals were conditioned on the other deal being executed. Cleveland said that Noreika would then deny the president’s son’s motion to dismiss.

The second scenario would be that Noreika will rule that the pretrial diversion deal is a valid contract, so Hunter Biden shouldn’t be prosecuted if he remains sober and clean for 24 months. However, the promise of not prosecuting him wouldn’t be extended to his tax charges.

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