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Kaelan Deese, Supreme Court Reporter


NextImg:Hunter Biden and Weiss must provide court update by Sept. 6 after plea deal shake-up: Judge

The federal judge in Delaware presiding over Hunter Biden's criminal case requested his counsel and prosecutors provide an update on the status of a felony gun charge weeks after a planned plea agreement broke down.

U.S. District Judge Maryellen Noreika issued a paperless order Thursday stating that an update is needed by Sept. 6 regarding the "status of this case, including any steps that they believe the Court needs to take."

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Attorneys for President Joe Biden's son have said that a "diversion agreement" intended to shield him from prosecution on the gun charge is still in place, despite it being linked to a plea deal on misdemeanor tax offenses that fell apart during a July court appearance.

Noreika has since dismissed the tax case in her courtroom, and prosecutors have signaled their plans to press charges against the younger Biden in another district, indicating the venues could be in California or the District of Columbia.

Prosecutors with Delaware U.S. Attorney David Weiss's office have maintained that the gun charge, which contains "atypical" immunity provisions against federal prosecutions for other potential crimes, never took effect and is no longer active.

“These agreements are not straightforward and they contain some atypical provisions,” Noreika said on July 26.

The deal on the gun and tax charges was intended to conclude a five-year investigation overseen by Weiss. But Biden's first appearance before Noreika last month saw the judge raise questions about the terms, and prosecutors were not able to quell her concerns about offering Biden immunity for certain crimes as part of a diversion agreement, rather than the plea deal.

After the plea deal fell apart, Attorney General Merrick Garland named Weiss as special counsel, which gives him wide authority to investigate and report his findings on the president's son.

Prior to his first appearance last month, Republicans in Congress alleged the first son was bestowed a "sweetheart deal" by prosecutors.

The deal would have sentenced Biden to probation in exchange for pleading guilty to failing to pay taxes on more than $1.5 million in income in both 2017 and 2018.

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Biden's income during those years amounted to roughly $4 million in business consulting fees from a company he created with the CEO of a Chinese business giant and from his work on the Ukrainian energy company Burisma.

The Washington Examiner contacted U.S. attorneys in Delaware and Biden's counsel.