Richard Arnold: US correspondent says Hunter Biden will plead guilty in a deal to avoid jail time in a tax and gun case

President Joe Biden’s son Hunter will plead guilty to federal tax offences but avoid prosecution on a separate gun charge in a deal with the Justice Department that likely spares him time behind bars.

Hunter Biden, 52, will plead guilty to the misdemeanour tax offences as part of an agreement made public Tuesday. The agreement will also avoid prosecution on a felony charge of illegally possessing a firearm as a drug user, as long as he adheres to conditions set by prosecutors. It’s somewhat unusual to resolve a federal criminal case at the same time charges are filed in court but not unheard of.

The deal ends a long-running Justice Department investigation into Biden’s second son, who has acknowledged struggling with addiction following the 2015 death of his brother Beau Biden. It also averts a trial that would have generated days or weeks of distracting headlines for a White House that has strenuously sought to keep its distance from the Justice Department.

While it requires the younger Biden to admit guilt, the deal is narrowly focused on tax and weapons violations rather than anything broader or tied to the Democratic president. Nonetheless, former President Donald Trump and other Republicans are likely to continue to try to use the case to shine an unflattering spotlight on Joe Biden and his family business dealings and to raise questions about the independence of the Biden Justice Department.

Trump, in a post on his social media platform, likened the Hunter Biden deal to a “mere traffic ticket”, adding, “Our system is BROKEN!”

President Joe Biden, Jill Biden and children Hunter Biden and Ashley Biden at the University of Pennsylvania on May 15, 2023. Photo / Patrick Semansky, AP, File

The White House counsel’s office said in a statement that the President and first lady Jill Biden “love their son and support him as he continues to rebuild his life”.

Two people familiar with the investigation said the Justice Department would recommend probation for the tax charges, meaning Hunter Biden will not face time behind bars. But the decision to go along with any deal is up to the judge. The people were not authorised to speak publicly by name and spoke to The Associated Press on the condition of anonymity.

He is to plead guilty to failing to pay more than US$100,000 in taxes on over US$1.5 million in income in both 2017 and 2018. That charge carries a maximum possible penalty of a year behind bars.

The gun charge states that Hunter Biden possessed a handgun, a Colt Cobra .38 Special, for 11 days in October 2018 despite knowing he was a drug user. The count carries a maximum sentence of up to 10 years in prison, but the Justice Department said Hunter Biden had reached a pretrial agreement. This likely means as long as he adheres to the terms of the agreement, the case will be wiped from his record.

Christopher Clark, a lawyer for Hunter Biden, said in a statement that it was his understanding that the five-year investigation had now been resolved.

“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,” Clark said. “He looks forward to continuing his recovery and moving forward.”

Hunter Biden has acknowledged struggling with addiction since the death of his brother in 2015. Photo / Patrick Semansky, AP, File

The agreement comes as the Justice Department pursues perhaps the most consequential case in its history against Trump, the first former president to face federal criminal charges. The resolution of Hunter Biden’s case comes just days after a 37-count indictment against former President Trump in relation to accusations of mishandling classified documents on his Florida estate, a case with even more significant political implications.

That indictment has brought an onslaught of Republican criticism of “politicisation” of the Justice Department and a renewed crescendo of questions about Hunter Biden’s business dealings. Meanwhile, congressional Republicans continue to pursue their own investigations into nearly every facet of Hunter Biden’s business dealings, including examining foreign payments.

Republicans on Tuesday called the federal charges an example of “a two-tiered justice system”.

Rep. James Comer, the Republican chairman of the House Oversight Committee, said the younger Biden is “getting away with a slap on the wrist”, despite investigations in Congress that GOP lawmakers say show — but have not yet provided evidence of — a pattern of corruption involving the family’s financial ties.

Republican Sen. Marsha Blackburn of Tennessee called the charges “low-hanging fruit” and vowed not to let “full accountability fall by the wayside”.

Democratic Sen. Chris Coons of Delaware, on the other hand, said the case was thoroughly investigated ov