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Court date set for plea hearing in Hunter Biden criminal case

The president's son is scheduled to appear before U.S. District Judge Maryellen Noreika, a Trump appointee, on July 26 in Delaware.
Hunter Biden
Hunter Biden on the South Lawn of the White House in April 2022.Andrew Harnik / AP file

A federal judge on Wednesday scheduled a hearing for July 26 on Hunter Biden's agreement to admit to tax-related charges.

Biden, the son of President Joe Biden, is expected to plead guilty in a Delaware court to two federal misdemeanor counts of failing to pay his taxes. He also faces a separate felony gun possession charge that is likely to be dismissed if he meets certain conditions.

The case will be heard by U.S. District Judge Maryellen Noreika, a Trump appointee who had the support of Delaware's two Democratic senators and was confirmed by a voice vote in 2018.

Two sources familiar with the agreement have said the plea agreement includes a provision in which the U.S. attorney has agreed to recommend probation for the tax violations.

The deal needs Noreika's signoff. Judges typically abide by the terms of such agreements, but not always.

Biden was charged Tuesday after a five-year investigation by federal prosecutors, FBI agents and IRS officials. 

Delaware U.S. Attorney David Weiss' office is prosecuting the case. Weiss is a Trump appointee whom Attorney General Merrick Garland kept on to avoid having a U.S. attorney appointed by Biden oversee his son’s criminal case.

Weiss’ office outlined the charges in a statement Tuesday.

“Hunter Biden received taxable income in excess of $1,500,000 annually in calendar years 2017 and 2018. Despite owing in excess of $100,000 in federal income taxes each year, he did not pay the income tax due for either year,” his office said.

The gun charge alleges that “from on or about October 12, 2018 through October 23, 2018, Hunter Biden possessed a firearm despite knowing he was an unlawful user of and addicted to a controlled substance.”

Chris Clark, Biden's lawyer, said in a statement Tuesday that the gun charge “will be subject to a pretrial diversion agreement and will not be the subject of the plea agreement."

He added that Biden looks forward to moving on.

"I know Hunter believes it is important to take responsibility for these mistakes he made during a period of turmoil and addiction in his life. He looks forward to continuing his recovery and moving forward,” Clark said.

It is unclear whether the plea will end the federal investigation into Biden, whose business dealings have been the focus of probes by House Republicans. Clark said Tuesday "it is my understanding that the five-year investigation into Hunter is resolved," while Weiss' office said the "investigation is ongoing."

The U.S. attorney's office declined to comment on the court date Wednesday, and Clark did not immediately respond to a request for comment.