An attorney for Hunter Biden said the president’s son would plead guilty on Thursday morning just moments before prospective jurors were to be summoned into the Los Angeles courtroom where his federal trial on tax charges was scheduled to begin.
The president’s son arrived at the courthouse shortly before jury selection was set to begin alongside his wife, Melissa Cohen Biden. When U.S. Judge Mark Scarsi entered court into session, Abbe Lowell, an attorney for Biden announced his intention to change his plea and said there was no need to move forward with jury selection.
Court is now in recess until 11am PT for the parties to discuss the change of plea.
How would jury selection work?
U.S. District Judge Mark Scarsi had planned to seat twelve jurors and four alternates for a trial that was expected to throw Hunter Biden’s foreign business dealings, his struggles with addiction, and his lavish spending into the spotlight.
The jury selection process centered on a lengthy questionnaire that includes 50 questions on topics including prospective jurors’ interactions with law enforcement and their experiences filing taxes.
Four of the questions directly address Hunter Biden’s unique position as a criminal defendant whose father is the president of the United States, including asking if prospective jurors’ thoughts on the upcoming presidential election would impact their decision-making and whether they believe law enforcement agencies make decisions based on politics.
“Do you believe Robert Hunter Biden is being prosecuted in this case or is not being prosecuted in other cases because his father is the President of the United States and was until recently a candidate for President?” one question asks.
Hunter Biden, son of U.S. President Joe Biden departs the J. Caleb Boggs Federal Building on June 03, 2024 in Wilmington, Del.
Anna Moneymaker/Getty Images, FILE
Five questions also touch on addiction, including if potential jurors have family members who suffer from substance abuse issues or if they have experience with addiction treatment and counseling.
“Do you believe someone who is addicted to drugs or alcohol should not be charged with a crime?” another question asks.
What do prosecutors allege?
In their 56-page indictment, prosecutors alleged that Hunter Biden willfully avoided paying taxes by subverting his company’s own payroll system, that he failed to pay his taxes on time despite having the money to do so, and that he included false information in his 2018 tax returns.
“[T]he defendant spent this money on drugs, escorts and girlfriends, luxury hotels and rental properties, exotic cars, clothing, and other items of a personal nature, in short, everything but his taxes,” the indictment alleged.
Prosecutors also highlighted millions of dollars that Hunter Biden received from overseas business in Ukraine, China, and Romania in exchange for “almost no work.”
Although Hunter Biden eventually paid back all his back taxes and penalties with the help of a third party, Judge Scarsi blocked defense attorneys from introducing that information to the jury.
“Evidence of late payment here is irrelevant to Mr. Biden’s state of mind at the time he allegedly committed the charged crimes,” Scarsi wrote in an order last week.
Last June, Hunter Biden agreed to plead guilty to two misdemeanor offenses, acknowledging that he failed to pay taxes on income he received in 2017 and 2018. The deal also allowed him to enter into a pretrial diversion agreement to avoid criminal charges related to his 2018 firearm purchase.
Had the deal worked out, Hunter Biden would have likely faced probation for the tax offenses and had his gun charge dropped if he adhered to the terms of his diversion agreement.
However, the plea deal fell apart during a contentious hearing before U.S. District Judge Maryellen Noreika, who took issue with the structure of the deal.
By September, special counsel David Weiss had unsealed an indictment in Delaware charging Hunter Biden for lying on a federal form when he purchased a firearm in 2018.
The federal indictment in Los Angeles for the tax crimes followed in December.