Hunter Biden hearing: No plea as judge refuses to 'rubber-stamp' deal

Hunter Biden hearing: No plea as judge refuses to 'rubber-stamp' deal

President Joe Biden's son Hunter Biden appeared in a Delaware courthouse today to formally agree to the plea deal he negotiated last month with federal prosecutors, but the deal fell apart.


Latest Developments


Jul 26, 6:45 PM

Attorneys have 30 days to submit briefs


No date has been set for a follow-up hearing after the judge deferred a decision on the plea deal at today's hearing.

The judge gave both parties 30 days to submit briefs meant to assuage the concerns she so thoroughly expressed in court, after attorneys for both parties, toward the end of the proceeding, agreed to hash out some of the judge's concerns.

A spokesperson for Hunter Biden's legal team says they do not plan to comment on Wednesday's hearing.


Jul 26, 6:44 PM

McCarthy, more lawmakers weigh in on Hunter Biden


House Speaker Kevin McCarthy reacted Wednesday to Hunter Biden's plea dealing being deferred for the time being.

He reiterated his allegation that the president's son has received different treatment from prosecutors, which the Department of Justice has pushed back on.

"There shouldn't be two justice systems in America, and hopefully today that's what is being done," McCarthy said.

"So now is the window to show that we have equal justice, and that's the real question ... is it going to be fair as you treat every other American? That will be the question," McCarthy said as he left the House floor.

Connecticut Sen. Richard Blumenthal, a Democrat, said Wednesday that he hoped Hunter Biden will "acknowledge his responsibility for the proceeding" and that the outcome will be "fair and just."

-ABC News' Allison Pecorin and Lauren Peller


Jul 26, 6:44 PM

White House comments on deferred plea deal


At the top of her briefing on Wednesday afternoon, White House press secretary Karine Jean-Pierre commented on "the news in Delaware today," as she called it, emphasizing that "Hunter Biden is a private citizen ... this was a personal matter for him," and saying the case was handled by a prosecutor appointed by former President Trump.

"As we have said, the president, the first lady, they love their son and they support him as he continues to rebuild his life," Jean-Pierre said. "This case was handled independently, as all of you know, by the Justice Department."

-ABC News' Ben Gittleson


Jul 26, 6:43 PM

Judge said she wouldn't 'rubber-stamp' the deal


Judge Noreika scrutinized nearly every facet of the plea deal before deciding to defer the agreement so the parties could reconvene at a later date.

The hearing was punctuated by multiple recesses, during which lawyers scrambled to negotiate their way out of the deal's divergent perspectives.

A visibly agitated Hunter Biden spent much of the time shifting between sitting and standing, summoning members of his legal team to discuss developments. Across the room, U.S. Attorney David Weiss appeared to share his demeanor.

Toward the end of the hearing, Noreika herself lashed out, repeatedly saying she felt as though she was being asked to "rubber-stamp" the deal.

In the end, she did not.


Jul 26, 6:43 PM

Judge defers plea deal


U.S. Judge Maryellen Noreika deferred the plea deal negotiated by Hunter Biden's attorneys and federal prosecutors after a contentious hearing, taking issue with the structure of the arrangement and lamenting on multiple occasions the deal's "form over substance."

In the interim, Hunter Biden entered a not guilty plea. Noreika requested additional briefings from the parties in the coming weeks before determining next steps.

"I'm not going to say I'm going to accept the agreement, I'm not going to say I'll deny it," she said.

The three-hour hearing featured several turbulent interludes. Noreika's line of questioning about an immunity agreement exposed fissures between the two parties, with the discussion culminating in prosecutors threatening to bring foreign agent charges, prompting Chris Clark, an attorney for Biden, to say: "As far as I'm concerned, the plea agreement is null and void."

After a brief recess, the parties moved past those disagreements. Clark acquiesced to the government's position that any immunity of Hunter Biden would only include tax, firearm, and drug-related conduct investigated by the government.

Judge Noreika asked the parties to consult and brief her in the coming weeks.

In the understatement of the day, Noreika acknowledged that her probing threw "a little bit of a curveball" into the proceeding.


Jul 26, 2:00 PM

Hunter Biden pleads not guilty to charges after deal falls apart


In a dramatic scene in court, the plea deal struck by Hunter Biden fell apart amid the judge's concerns over the terms of the agreement.

Hunter Biden pleaded not guilty to the charges.

U.S. District Judge Maryellen Noreika had raised concerns about the parties linking the tax plea agreement to the deal on the gun charge, and over whether or not a provision in the deal would grant Hunter Biden blanket immunity, meaning that the government would not prosecute him further.


Jul 26, 1:27 PM

No plea deal amid judge's concerns

There is no plea deal in the Hunter Biden case.


Jul 26, 11:59 AM

Plea deal is in jeopardy of falling apart

A deal between federal prosecutors and Hunter Biden is in jeopardy of falling apart.

There is now a brief recess as the parties try to come to terms.

-Olivia Rubin


Jul 26, 10:36 AM

Hunter Biden arrives at courthouse


Hunter Biden has arrived at the federal court in Delaware for this morning's hearing.

The younger Biden and his legal team arrived shortly before 9:30 a.m.

PHOTO: President Joe Biden's son Hunter Biden, arrives for a court appearance, July 26, 2023, in Wilmington, Del. (Julio Cortez/AP)
PHOTO: President Joe Biden's son Hunter Biden, arrives for a court appearance, July 26, 2023, in Wilmington, Del. (Julio Cortez/AP)


Jul 26, 7:56 AM

Hunter Biden's legal team threatened with sanctions

Less than 24 hours before Hunter Biden was expected in federal court, the judge overseeing his case threatened his legal team with sanctions after she found that a staffer might have "misrepresented her identity" in communications with the court clerk.

The bizarre saga played out Tuesday on the court's public docket, where Ted Kittila, an attorney for the GOP-led House Ways and Means Committee, shared Hunter Biden's taxpayer information as part of an effort to intervene in the case.

Chris Clark, an attorney for Hunter Biden, asked Kittila to seal the information, and when Kittila refused, a member of the firm representing Hunter Biden reached out to the court seeking to have it removed from the docket.

Judge Maryellen Noreika wrote late Tuesday that, having "discussed the matter with the relevant individuals," Jessica Bengels, an attorney with Clark's firm, "represented that she worked with Mr. Kittila and requested the amicus materials be taken down."

"It appears that the caller misrepresented her identity and who she worked for in an attempt to improperly convince the Clerk's Office to remove the amicus materials from the docket," Noreika wrote.

Noreika asked Hunter Biden's legal team to explain why she should not level sanctions against them. In response, Matthew Salerno, an attorney for Biden, called it "an unfortunate and unintentional miscommunication," dispelling Noreika's suggestion that it might have been a nefarious ploy to have a docket entry suppressed.

"We have no idea how the misunderstanding occurred," wrote Salerno. "But our understanding is there was no misrepresentation."

ABC News' Lucien Bruggeman

Click here to read the rest of the blog.