Hunter Biden courtroom drama raises stakes for his father

Wednesday was already going to be a somber day for first son Hunter Biden, as he appeared in federal court to formalize a plea deal over tax and gun charges after a yearslong investigation. In exchange, the president’s son would avoid prison. The deal had elicited cries of favoritism from Republicans. 

Then, in a surprise, the agreement fell apart over questions from the judge overseeing the case as to whether it would immunize Mr. Biden from future potential charges, including unregistered foreign lobbying and more tax charges. For now, the president’s son has pleaded not guilty to all existing charges, as lawyers for both sides prepare briefs in anticipation of resumed negotiations. 

The drama in a Wilmington, Delaware, courthouse has raised the stakes not only for Hunter Biden but also for his father. What the Biden family had clearly hoped would be the quiet conclusion of a multiyear saga now threatens to become a longer, more complicated ordeal that could overshadow the president’s reelection campaign. And it has given Republicans fresh ammunition as they explore the possibility – for now, still notional – of an impeachment inquiry.

House Republicans, who had labeled the younger Mr. Biden’s original plea bargain a “sweetheart deal,” have been conducting their own investigations of his business dealings, as well as the Department of Justice’s handling of his case. A congressional hearing last week featured testimony from two Internal Revenue Service agents who claimed that Justice officials slow-walked or otherwise impeded their investigation.

“By refusing to accept the plea deal, the judge signaled that there’s more to the story than the Bidens claim,” says Jennifer Lawless, a political scientist at the University of Virginia, in an email. “But similar to the way that [former President Donald] Trump’s multiple indictments don’t seem to be hurting him among Republicans, it’s hard to imagine that this will matter to Democrats.”

Still, she adds, journalists will now ask the president questions about this at every opportunity. And any minute he isn’t talking about economic growth, reproductive rights, and legislative achievements is a minute lost.

At the White House briefing Wednesday, spokesperson Karine Jean-Pierre framed the issue as a family matter and maintained that President Joe Biden has steered clear of involvement in his son’s legal problems. 

“The president, the first lady, they love their son, and they support him as he continues to rebuild his life,” Ms. Jean-Pierre said. “This case was handled independently, as all of you know, by the Justice Department under the leadership of a prosecutor appointed by the former president, President Trump.” 

Ms. Jean-Pierre was initially alluding to the younger Mr. Biden’s struggles with drug addiction following the 2015 death of his brother, Beau. He has since paid back taxes, plus penalties and interest, for two years in which he failed to file returns. As part of the plea deal that fell apart, Mr. Biden would have avoided being charged for falsely saying he was not a drug user when he purchased a .38-caliber revolver at a Wilmington gun store on Oct. 12, 2018. He agreed to enter a pretrial diversion program under that deal. 

Adding to the political firestorm, House Ways and Means Committee Chair Adam Smith moved Tuesday to block the plea deal. The Republican filed a brief urging the judge in Wilmington to consider last week’s testimony from the two IRS investigators claiming that the younger Mr. Biden had received preferential treatment. 

President Biden has faced continued allegations that he helped his son in his son’s lucrative international business dealings – trading on the family name – and that the senior Mr. Biden benefited financially. The White House has repeatedly denied such assertions, but has changed its message from the president “never discussed business” with his son to he “was never in business” with his son. 

In fact, it was President Trump’s phone call to Ukrainian President Volodymyr Zelenskyy in 2019 requesting he “look into” Hunter Biden and his then-vice president father that led to Mr. Trump’s first impeachment. 

Now, Mr. Trump faces multiple criminal indictments, including new federal charges expected soon over his alleged efforts to overturn the 2020 election result. And, to complicate matters further, he is the odds-on favorite to face President Biden in a 2024 rematch for the presidency. 

Republicans are not sitting quietly by. This week, House Speaker Kevin McCarthy said the House was prepared to proceed with an impeachment inquiry into President Biden, following allegations of corruption over his involvement in his son’s business dealings. 

The colliding legal and political dramas have transfixed Washington. 

“Is it more important to look at criminal conduct by a sitting president or is it more important to look at criminal conduct by ... a son of a sitting president?” Rep. Ken Buck, a Republican from Colorado and former federal prosecutor, said on CNN. “That’s going to be debated in public.” 

When asked what he thought, Representative Buck responded, “It’s absolutely Congress’ role to look at possible impeachment, but I also think that if this is just a political game, then we need to make sure the criminal case goes forward.” 

Editor’s note: This story has been updated.