Hunter Biden's plea deal on misdemeanor tax charges is officially off after the presiding judge raised concerns about the ongoing investigation.
Negotiated over several weeks, the plea deal was expected on Wednesday to spare the US president's son time behind bars but District Judge Maryellen Noreika said that she could not "accept the plea agreement today" and that she could not "rubber stamp the agreement."
The judge, who was appointed by former president Donald Trump, threw doubt on a diversion deal when there is still an ongoing investigation underway, saying she was concerned about the language in the diversion agreement.
Noreika questioned whether the deal would also provide him with immunity from crimes he could be found liable for in the future, saying that it contained "non-standard terms" and that its proposed resolution for the gun possession offense was "unusual."
In a plea agreement announced last month, younger Biden was to be charged with two misdemeanor counts for failing to pay his taxes on time in 2017 and 2018. Furthermore, he was also to confess that he had illegally possessed a gun while being a drug user.
Biden, 53, failed to pay between $1.1 million and $1.5 million in federal taxes before the legal deadlines.
"What if it is unconstitutional? I’m trying to exercise due deliverance and consideration to make sure we don’t make a misstep," Noreika said at the court in Wilmington, Delaware, during the three-hour hearing.
She declined to ink the deal, giving the two parties two weeks to hash out a new deal and brief her.
After the discussion, Biden, who initially offered to enter a guilty plea, ended the hearing by pleading not guilty for the time being.