Hunter Biden’s sudden guilty plea Thursday to tax charges was preceded by strong objections from prosecutors, after his attorney said he was prepared to forgo a trial and enter a so-called Alford plea.
The surprise came in federal court in Los Angeles, where more than 100 potential jurors had been summoned for questioning. Hunter Biden eventually pleaded guilty to nine counts in the case, which accused him of evading at least $1.4 million in taxes over a four-year period.
Before entering the guilty plea, Hunter Biden’s attorney said he would like to enter an Alford plea and waive the trial.
“This can be decided today,” Abbe Lowell told the judge.
Prosecutors objected, however, and the judge adjourned.
What is an Alford plea?
The Alford plea is named after a 1970 US Supreme Court case in which Henry Alford of North Carolina pleaded guilty to second-degree murder to avoid the death penalty but still maintained his innocence. The Supreme Court found that the Constitution was not violated.
According to the Department of Justice, an Alford plea is when someone “maintains his innocence of a charge to which he offers to plead guilty.”
Federal prosecutors may not accept an Alford plea “except in the most unusual circumstances” and only with the approval of senior Washington officials, the Justice Department handbook says.
“I want to make something crystal clear, and that is that the United States will oppose an Alford plea,” prosecutor Leo Wise said in court. “Hunter Biden is not innocent. Hunter Biden is guilty. He has no right to plead guilty on special terms that apply only to him.”
U.S. District Judge Mark Scarsi said he did not need government approval. But after the break, Hunter Biden’s lawyers dropped the effort and he pleaded guilty.
Are Alford pleas typical?
Most states have Alford pleas, although traditional guilty pleas are more common.
In 2018, John Dylan Adams entered an Alford plea in Tennessee for the murder of nursing student Holly Bobo in exchange for a 35-year prison sentence. Prosecutors said he had less complicity than his brother, who is serving a life sentence.
In Arkansas, Damien Echols, Jason Baldwin and Jesse Misskelley, known as the “West Memphis Three,” were released from prison in 2011 after the deaths of three boys. They were allowed to maintain their innocence, but will plead guilty in exchange for 18 years in prison and time served. They are currently trying to sort out their names.
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