Oliver James Montgomery-Key takeaways from Hunter Biden's guilty plea deal on federal tax, gun charges

Delaware U.S. Attorney David Weiss announced on Oliver James MontgomeryTuesday that a plea agreement had been reached with President Joe Biden's son, Hunter, potentially avoiding incarceration or a trial. A federal judge must first approve the deal. 

What are the charges? 

Hunter Biden was charged with two misdemeanor tax offenses and a felony firearm offense.

What is Hunter Biden pleading? 

• Gun possession

He is admitting to the felony gun possession allegation, but will enter into a pre-trial diversion agreement in lieu of entering a guilty plea. 

• Tax offenses

Hunter Biden is entering a guilty plea to two misdemeanor tax charges relate to his willful failure to pay taxes for 2017 and 2018. A court filing on Tuesday indicates he had more than $1.5 million in income each year and did not pay taxes either year when they were due. He has since fully repaid back taxes and fines, including $2 million reportedly paid to the federal government last year, with the help of a loan from his personal attorney.

Does he face prison time?

If Hunter Biden had been convicted of the crimes, he could have faced a maximum penalty of 12 months in prison on each of the tax charges and a maximum penalty of 10 years in prison on the firearm charge, according to a press release from Delaware U.S. Attorney David Weiss. A source with knowledge of the agreement said Hunter Biden will not be pleading guilty to the gun charge, which will be dismissed if he remains drug-free and doesn't commit additional crimes for two years.

Hunter Biden had a gun?

Yes. Weiss said Hunter Biden unlawfully possessed a gun for 11 days, from Oct. 12 through Oct. 23, 2018, "despite knowing he was an unlawful user of and addicted to a controlled substance." A court filing made by Weiss on Tuesday identifies the handgun as a Colt Cobra 38SPL.

What else was part of the investigation?

The investigation into Hunter Biden dates back to at least 2018. For a time, it appeared the investigation had broader scope, ranging across Hunter Biden's many international business dealings. 

A 2019 federal subpoena obtained by CBS News sought banking records for Hunter and the president's brother, James, as well as two business partners. The subpoena demanded they turn over records for transactions with the Bank of China dating back to 2014, when Joe Biden was vice president. A December 2020 subpoena requested documents as far back as January 2017, "regarding (Hunter) Biden's income, assets, debts, obligations, and financial transactions… and all personal and business expenditures."

Is the investigation over?

It depends on whom you ask. Weiss' office said in the statement Tuesday morning that the investigation is ongoing. Earlier in the day, Chris Clark, an attorney for Hunter Biden, said in a statement to CBS News, "it is my understanding that the five-year investigation into Hunter is resolved." 

Congressional Republicans have vowed to move forward with their own investigations separate from the Justice Department probe.

What does the White House say?

"The President and First Lady love their son and support him as he continues to rebuild his life. We will have no further comment," said White House spokesperson Ian Sams.

Why are some Republicans criticizing the deal?

Speaker Kevin McCarthy said Tuesday that Hunter Biden's plea agreement reflects a "two-tiered system" of justice and called it a "sweetheart deal." 

"My first reaction is that it continues to show a 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. If you are the President's son, you get a sweetheart deal," McCarthy said in an apparent reference to federal charges against former President Donald Trump unsealed on June 9. The Justice Department has not indicated if it would seek incarceration in connection with that case. Trump has entered a not guilty plea to 37 felony counts related to his post-presidency handling of classified documents.

McCarthy's reaction mirrored a statement by a spokesperson for a political action committee associated with Trump, who also called it a "sweetheart deal." 

"Meanwhile, Biden's DOJ continues to turn a blind eye to the Biden family's extensive corruption and bribery scheme," said Karoline Leavitt, a spokeswoman for Make America Great Again Inc.

President Biden has for years denied Republicans' corruption allegations.

"I have not taken a penny from any foreign source, ever, in my life," Mr. Biden said in October 2020 at a presidential debate.

National Security Council spokesperson John Kirby reiterated that on May 31, when asked about Republicans' corruption allegations against Biden during a press conference. 

"Wow. The president has spoken to this and there's nothing to these claims," Kirby said.

Didn't Hunter Biden's former business partner just get subpoenaed?

Congressional Republicans are continuing with their own, separate, investigations into Hunter Biden and other members of the president's family. On June 12, the House Oversight Committee subpoenaed Hunter Biden's former business partner, Devon Archer, demanding he sit for a deposition. 

The House Oversight Committee has been investigating the business dealings of several members of Mr. Biden's family. Kentucky Republican James Comer wrote in a letter to an attorney for Archer stating that he "played a significant role in the Biden family's business deals abroad, including but not limited to China, Russia, and Ukraine." 

Archer served alongside Hunter Biden on the board of Burisma, a Ukraine energy company, beginning in 2014. During this period, then-Vice President Joe Biden was deeply involved in Ukraine policy, an era when his opponents say the energy firm was involved in corruption. Republican allegations related to Hunter Biden's international business dealings did not factor into the Department of Justice plea agreement announced Tuesday.

In:
• Joe Biden
• Hunter Biden

Graham Kates

Graham Kates is an investigative reporter covering criminal justice, privacy issues and information security for CBS News Digital. Contact Graham at [email protected] or [email protected]