Hunter Biden pleaded guilty in an open courtroom in Los Angeles on Thursday afternoon. He was charged with nine counts of tax evasion and failure to pay taxes. He faces up to 17 years in prison, and fines of over $1.3million on the 16th.
The courthouse expected potential jurors to arrive Thursday morning to be selected for the jury. It was also expected that testimony would begin Monday, September 9. As proceedings started, Abbe Lowell, Biden’s lead defense lawyer, told the court that he intended to enter an Alford plea, which is a type of plea where he wouldn’t admit guilt, but would agree to the government presenting evidence that would lead a juror to find him guilty. After a 2-hour break, Leo Wise, the Assistant U.S. attorney, told the court the prosecutors wouldn’t accept any plea where Biden didn’t admit guilt. Lowell, however, argued that there was very little discretion for the court to decide whether to accept an Alford. U.S. District Court Judge Mark Scarsi informed the parties that he planned to take a break until 9:00 AM on Friday to allow the parties to discuss the issue. Lowell, however, requested time to consult with his client and determine how he would like to proceed.
After 30 minutes of meeting with Biden, Lowell informed that his client was going to enter a straight guilty instead of Alford plea.
Your Honor stated that it is important to satisfy public interest. Mr. Biden must also consider his private interests. It has been a tough time for him and his family. The government plans to name …. more than half of his family.
If the court feels that it has discretion to refuse an Alford plea then we will proceed with an open plea.
Lowell said that Biden was trying to resolve the case for more than a year and that the government had spent over $3.5 million to achieve this. Lowell stated that Biden, after considering the evidence and the rulings of last week, decided that an open plea was in his best interests. “So he and his wife can move on from the things that he did as a drug addict.”
Lowell stated that Biden wouldn’t admit to every act that was alleged in the Indictment; Biden, however, would agree that he had committed conduct that satisfied all of the elements of the crimes alleged.
Wise said that Biden must be willing to take accountability and responsibility to move forward.
“We’d like to see Mr. Biden [by the Court] asked if this is true. “Is what was just said by the government true?” “Because it’s the truth and truth matters.”
Wise also said that Hunter’s actions were the reason why Biden’s family members would have to be called as witnesses, not the actions of the government. He then shot back at Lowell.
“We didn’t decide to call his family …. This idea that he is a victim and that it’s his government who’s doing this to him…”
The other side has been over-represented, and that’s why we have spent so much money.
We haven’t extracted a pound or blood ….
He was entitled to have a trial today and we would’ve given it to him. If he does not choose to exercise this right, then he must be forced to admit that it is true.
Scarsi then said:
We’re going open. I will ask Mr. Biden whether you have committed any conduct that you feel meets the charges in the indictment.
Scarsi then began the process to take Biden’s plea. This process includes explaining the charges that Biden is pleading guilty to and the maximum punishments that are possible. He also ensures that Biden is aware of what he is doing, and the potential penalties, and has discussed potential defenses and their services with his lawyers. Biden was told that if he entered a guilty plea, the maximum sentence would be 15 years and a fine of between $500,000 to $1 million. He was also informed that he had no idea what his punishment would be because he had entered an open plea.
The government must also provide a factual foundation for each charge. Wise told Lowell he would read the indictment to Lowell as the factual basis of the government if Biden pleaded guilty. He kept his promise. Lowell said that they would stipulate the factual basis, so the lengthy document wouldn’t have to be read out loud. But Scarsi insisted on Wise continuing as a precautionary measure to ensure appropriate transparency and sufficient for the public’s interest.
After the indictment had been read, Scarsi then asked Biden:
Do you accept that you have committed all the elements of each crime listed in counts 1-9 of this indictment?
Biden replied, “Yes.”
Scarsi announced that his initial calculations of the possible punishments were incorrect and informed Biden he would be facing 17 years behind bars and fines totaling more than $1,35 million.
Biden was asked to plead guilty to each count. He answered, “Guilty”.
Scarsi recorded Biden’s plea and accepted it. The sentencing in Los Angeles is set for December 16th. Biden remains on bond until then, with all conditions.
