The rejected Hunter Biden plea/diversion deal did do one good thing: it would have prevented Hunter Biden from ever owning firearms again. However, this does not offset the “walk” he received on all the other possible pending charges as a result of what some perceive is an improper application of the diversion agreement.
A diversion agreement typically prevents the government, upon the defendant’s completion of the diversion requirements, from prosecuting the defendant for actions admitted in the diversion agreement “statement of facts”. Basically, if you admit your guilt as part of your diversion plea, such admissions can’t be used against you future proceedings (unless you violate the diversion agreement) and you can’t be additionally charged for the crimes admitted.
Hunter Biden’s diversion agreement included such a “statement of facts” related to the accusations against him (drug use, firearms possession, etc.). However, the diversion agreement also made reference to the “statement of facts” provided by Hunter in the tax plea deal (which was NOT a diversion agreement). The result is that any admissions in the “statement of facts” for the separate tax plea deal would also be protected from prosecution – including admissions that may relate to his failure to register as a foreign agent. This is inappropriate, since the tax plea deal is NOT part of the diversion agreement – only the gun charges apply there.
While I’m glad that – if the plea/diversion agreements ever go through – Hunter Biden will never again own firearms, the diversion agreement should not provide him with an “escape clause” for all the other things he’s done. If that’s what the government wants to do – and I think they do, for political reasons – then they should have to admit that openly in the plea agreement. Hiding it in the separate diversion agreement is an act of cowards.