Hunter Biden pleaded guilty in his federal tax case on Sept. 5, a surprise move that allows him to avoid a trial.
The change of plea came hours before jury selection was set to begin and as Biden awaits sentencing in a conviction on federal gun charges in Delaware.
Defense attorney Abbe Lowell told the judge that “there is overwhelming evidence of the defendant’s guilt” and that the president’s son wants to resolve the case, which involves charges of intentionally failing to pay taxes across multiple years, with a plea instead of going to trial.
Biden was proposing to enter what’s referred to as an Alford plea, an unusual plea under which a defendant does not admit guilt but acknowledges that prosecutors have enough evidence to secure a conviction, Mark Geragos, another Biden attorney, said in a text message.
But prosecutors objected to the proposed plea.
“Hunter Biden is not innocent. Hunter Biden is guilty,” prosecutor Leo Wise said. “He is not entitled to plead guilty on special terms that apply only to him.”
Earlier in the day, White House press secretary Karine Jean-Pierre said she was “not able to comment” on Biden’s plans to change his plea. President Joe Biden previously said he would not pardon or commute a sentence handed down against his son. Asked again on Sept. 5 whether the president would pardon Hunter Biden, Jean-Pierre said, “Still no.”
The defense’s announcement came about a month after U.S. District Court Judge Mark Scarsi, who is overseeing the case, denied a motion to dismiss the charges. It also came after more than 100 potential jurors assembled at the federal courthouse in Los Angeles, prepared to answer questions from the parties.
A last-minute plea would allow Hunter Biden to avoid a trial that was expected to put a spotlight on his foreign business deals, a number of which were carried out while his father was the U.S. vice president.
If convicted on all counts, Hunter Biden faces up to 17 years in prison.
The younger Biden arrived at the courthouse on Sept. 5 with his wife, Melissa Biden, followed by U.S. Secret Service agents.
Hunter Biden was previously convicted of gun charges in Delaware. He faces up to 25 years in prison and is set to be sentenced in that case in November.