Topline
Judge Maryellen Noreika, who was nominated to the federal bench in Delaware by former President Donald Trump, will oversee the Justice Department’s case against Hunter Biden—putting her at the center of a partisan battle over the fairness of Biden’s plea deal announced Tuesday.
President Joe Biden attends his granddaughter Maisy Biden’s commencement ceremony with first lady … [+]
Key Facts
Noreika will be tasked with deciding whether to accept Hunter Biden’s plea deal with the Justice Department, which requires him to plead guilty to two misdemeanor charges of failing to pay taxes and enter a diversion program to avoid a felony charge for possessing a gun as a drug user.
Prosecutors are expected to recommend probation for the tax charges, but Noreika could decide to issue prison time (the two tax charges carry a maximum sentence of up to a year in prison each and the gun charge carries a maximum sentence of 10 years in prison).
Noreika, a former patent lawyer who was nominated by Trump in 2017, had the support of both of Delaware’s Democratic senators, Chris Coons and Tom Carper, when she was confirmed by the Senate in 2018.
Noreika in March dismissed a lawsuit against Rep. Adam Schiff (D-Calif.) filed by the owner of the computer repair shop where Hunter Biden’s infamous laptop was dropped off, alleging Schiff, Hunter Biden, CNN, Politico and the Biden campaign defamed him by claiming the New York Post’s story about the laptop contents was Russian propaganda.
Noreika dismissed the portion of the lawsuit against Schiff on the grounds that the laptop repair shop owner, John Paul Mac Isaac, did not respond to a request from the Justice Department to substitute itself for Schiff in the lawsuit by the required deadline, but said the lawsuit could continue against the other defendants.
Tangent
Noreika has issued several other notable rulings in closely watched cases in recent months. In September, she sided with a gun-rights group, pausing new restrictions on homemade firearms implemented by the Democratic-controlled Delaware state legislature while the case works its way through the court system. That same month, she refused to dismiss a lawsuit filed against the state over a provision in Delaware’s constitution that only allows judges who are affiliated with one of the two major political parties to serve on the state’s three high courts, where judges are evenly divided between Republicans and Democrats. The lawsuit was filed by a lawyer seeking a judgeship who is not affiliated with a political party.
Key Background
Delaware U.S. Attorney David Weiss, who was also appointed by Trump, announced Tuesday his office had reached a plea deal with Hunter Biden following its five-year-long probe into his business practices that expanded to encompass his taxes and 2018 gun purchase. Hunter Biden will plead guilty to failing to pay taxes in 2017 and 2018 that his representatives said totalled $1.2 million—a sum Biden says he has since repaid. He is also charged with violating a law that prohibits drug users from owning a gun. Trump and his Republican allies seized on the announcement to further their narrative that the Justice Department, which is under President Joe Biden’s purview, has treated Trump unfairly in its probe into his handling of classified documents and is now letting Hunter Biden off easy. Legal experts, however, have said it’s rare for the charges Hunter Biden faces to result in prosecution, let alone prison time, given his status as a first-time offender and willingness to admit guilt.
Further Reading
Hunter Biden Charges Split GOP—Some Stay Silent As Other Claim ‘Sweetheart Deal’ (Forbes)
Did Hunter Biden Get Off Easy? Republicans Think So—Here’s What Legal Experts Say (Forbes)
Hunter Biden Will Plead Guilty On Tax Charges—Avoid Gun Charge (Forbes)
Source: https://www.forbes.com/sites/saradorn/2023/06/21/hunter-biden-case-assigned-to-trump-appointed-judge-who-dismissed-part-of-lawsuit-surrounding-his-infamous-laptop/