Hunter's plea deal flips Biden's past comments about investigation on their head: 'Great confidence'

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Hunter Biden agrees to plead guilty to charges in federal tax, gun case

Hunter Biden has agreed to a plea deal with federal prosecutors on misdemeanor charges and will likely avoid jail time.

Hunter Biden’s agreement to plead guilty to federal charges resulting from a years-long investigation into his tax affairs contradicts prior statements made by President Biden about the matter -- who said he was "confident" his son had done nothing wrong.

Fox News confirmed on Tuesday that President Biden’s son will plead guilty to two counts of willful failure to pay federal income tax. He also agreed to enter into a pretrial diversion agreement regarding a separate charge of possession of a firearm by a person who is an unlawful user of or addicted to a controlled substance.

The Delaware district attorney’s office said that Hunter Biden received taxable income in excess of $1,500,000 annually in 2017 and 2018 -- owing in excess of $100,000 each year. The office also said that the investigation is still ongoing.

HUNTER BIDEN AGREES TO PLEAD GUILTY IN FEDERAL TAX, GUN CASE

President Biden has snapped at reporters who have asked him about alleged corruption involving him and his son, Hunter Biden, right. (AP Photo/Patrick Semansky)

The office of U.S. Attorney for the District of Delaware David C. Weiss said if convicted, Hunter Biden, who has been under investigation since 2018, faces a maximum penalty of 12 months in prison on each of the tax charges – a total of two years. There is a maximum penalty of 10 years in prison on the firearm charge for which he agreed to a pretrial diversion program. Such programs according to the DOJ website, "divert certain offenders from traditional criminal justice processing into alternative systems of supervision and service" such as mental health or substance abuse treatment. Those who successfully complete diversion programs, the DOJ says, can see "declination of charges, dismissal or reduction of charges, or a more favorable recommendation at sentencing."

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The guilty plea contradicts past claims by President Biden, who defended his son and declared that he had done nothing wrong.

Biden was asked by Fox News in 2020, "Are you confident your son Hunter did nothing wrong?"

"I am confident," then-candidate Biden said.

In 2020, he also said that Hunter is "the smartest guy I know."

This year, he was asked in an MSNBC interview about the ongoing DOJ investigation and how it may impact his presidency.

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"First of all my son has done nothing wrong, I trust him I have faith in him, and it impacts my presidency by making me feel proud of him," Biden said in the May interview.

In December 2020, Biden told "Late Show" host Stephen Colbert that he and his wife, Jill, had "great confidence in our son."

"I am not concerned about any accusations that have been made against him. It's used to get to me. I think it's kind of foul play, but look, it is what it is," Biden said.

On Tuesday, after the news of the plea emerged, the White House issued a brief statement on the matter.

"The President and first lady love their son and support him as he continues to rebuild his life. We will have no further comment," spokesperson Ian Sams said.

Chris Clark, criminal counsel for Hunter Biden, said that his client "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."

Hunter Biden, son of President Biden, arrives with wife Melissa Cohen Biden prior to President Biden awarding Presidential Medals of Freedom during a ceremony in the East Room at the White House in Washington, July 7, 2022. (Kevin Lamarque/Reuters)

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Meanwhile, House Oversight Committee Chairman James Comer slammed the charges as a "slap on the wrist" and promised to keep going with Republican investigations into the conduct of Hunter and his father.

"Let’s be clear: the Department of Justice’s charges against President Biden’s son Hunter reveal a two-tiered system of justice. Hunter Biden is getting away with a slap on the wrist when growing evidence uncovered by the House Oversight Committee reveals the Bidens engaged in a pattern of corruption, influence peddling, and possibly bribery. These charges against Hunter Biden and sweetheart plea deal have no impact on the Oversight Committee’s investigation. We will not rest until the full extent of President Biden’s involvement in the family’s schemes are revealed."

Fox News' Brooke Singman and David Spunt contributed to this report.