Hunter Biden to plead guilty to tax charges in bid to avoid trial

TO SAY THAT WE HAVE BREAKING NEWS. ABC NEWS HAS LEARNED HUNTER BIDEN IS LOOKING TO PLEAD GUILTY NOW TO FEDERAL TAX CRIME CHARGES IN LOS ANGELES. THE MOVE COMES JUST AS JURY SELECTION WAS SET TO BEGIN IN THE THE NINE COUNT INDICTMENT INCLUDES BOTH FELONY AND MISDEMEANOR CHARGES ON ACCUSATIONS HE FAILED TO PAY NEARLY ONE AND A HALF MILLION DOLLARS TAXES OVER FOUR YEARS. >> AND THIS NEW PLEA COMES MORE THAN A YEAR AFTER ANOTHER PLEA DEAL FELL APART LAST YEAR IN THE FINAL MINUTES, WE HAVE TEAM COVERAGE OF THIS, STARTING WITH ABC NEWS EXECUTIVE EDITORIAL PRODUCER JOHN SANTUCCI. >> JOHN, WHAT'S THE LATEST? SO THIS WAS SUPPOSED TO BE A DAY THE JURY SELECTION SUPPOSED TO BEGIN IN CALIFORNIA, DIANE. THIS, OF COURSE, BEING THE NINE COUNTS AGAINST HUNTER BIDEN, THREE OF WHICH WERE FELONIES, ARE COLLEAGUES PETER CHARALAMBOUS WHO WAS IN THE COURTROOM, SAID HUNTER BIDEN'S ATTORNEY, ABBE LOW HAS JUST INFORMED THE JUDGE. THAT IS HUNTER BIDEN'S INTENTION TO PLEAD GUILTY. IMMEDIATELY AFTER THAT, THE JUDGE DISMISSED PROCEEDINGS AND BASICALLY TOLD THE PARTIES TO GO INTO CONFERENCE BECAUSE HERE'S WHAT HAS TO HAPPEN NOW, A LITTLE BIT OF DEJA VU. IF YOU RECALL BECAUSE THE LAST TIME WE THOUGHT THERE WAS A PLEA DEAL FOR SOMETHING AGAINST HUNTER BIDEN, EVERYTHING WENT UP IN FLAMES BECAUSE THE JUDGE DIDN'T ACCEPT IT. SO NOW WHAT HAS TO HAPPEN? THE DEFENSE TEAM, THE PROSECUTORS ALL HAVE TO GET ON THE SAME PAGE AND GET THE JUDGE TO AGREE. SO A LOT MORE FORMALITIES HAVE TO HAPPEN. BUT A STRIKING HEADLINE ON WHAT WAS SUPPOSED TO BE DAY ONE OF PROCEEDINGS HERE. AND I WANT TO BRING IN OUR CHIEF JUSTICE CORRESPONDENT, PIERRE THOMAS, FOR MORE ON THAT. PIERRE, TO TOM'S BUT TO JOHN'S POINT, THE JUDGE HAS TO ACCEPT THIS PROSECUTOR'S TO ACCEPT THIS. >> ANY SENSE OF WHERE THEY'RE LEANING HERE? WELL, DIANE, I DON'T GET THE SENSE THAT THERE WERE ANY NEGOTIATIONS IN THE WAY THAT WE TYPICALLY HAVE WHEN THERE IS GOING TO BE A GUILTY PLEA. WE DON'T GET ANY SENSE FROM DOJ LEADING UP TO THIS CASE THAT A GUILTY PLEA WAS IN THE OFFING. THE FACT THAT THE JURY SELECTION ABOUT TO BEGIN. SO I GET THE SENSE THAT RIGHT NOW THE PROSECUTORS ARE ASKING QUESTIONS ALONG WITH THE JUDGE, AND WE'LL HAVE TO SEE HOW THIS UNFOLDS. BUT I THINK THAT'S THE MAIN THAT I'M TAKING AWAY FROM THIS, DIANE, THAT THE PROSECUTORS I THINK, SAW THIS COMING. >> BRIAN, HOW DO YOU REACH A PLEA AS A DEFENDANT, AS THE DEFENSE ATTORNEYS HERE? HOW DO YOU REACH THIS WITHOUT A NEGOTIATION? ISN'T THIS NORMALLY SETTLED BEFORE YOU EVEN WALK INTO THE COURTROOM? >> NORMALLY. BUT IT'S ALSO NOT UNFAMILIAR TO HAVE I THIS KIND OF THE WRITING'S ON THE WALL. WE'RE ABOUT TO WALK IN. WE'RE GOING TO PICK A JURY WE DON'T REALLY HAVE A DEFENSE. >> WHAT ARE WE GOING TO DO? DON'T FORGET ALSO THAT THERE'S A DIFFERENCE WHEN SOMEONE IS FOUND GUILTY AS OPPOSED TO PLEADING GUILTY. THERE ARE A CERTAIN POINT REDUCTIONS THAT CAN LESSEN YOUR ULTIMATE EXPOSURE FOR, JAIL TIME ON THE BACK END OR PRISON. CONSIDERING HOW MANY YEARS HUNTER BIDEN IS FACING. AND SO THIS ISN'T UNFAMILIAR TERRITORY. WHAT'S KIND OF BIZARRE, THOUGH HERE IS HOW LAST MINUTE IS THAT THERE WAS NO NEGOTIATION DISCUSSION WITH THE GOVERNMENT ON THIS ONE BECAUSE OFTENTIMES YOU COULD TRY TO NEGOTIATE A BETTER PLEA. RIGHT NOW, I'M GUESSING HE'S PLEADING TO ALL THE CHARGES. I DON'T THINK THERE'S ANY KIND OF ONLY THE MISDEMEANORS AND NOT THE FELONIES. MAYBE WE CAN REDUCE KIND OF EXPOSURE IN TERMS OF PRISON TIME BY PLEADING TO THIS, NOT THE OTHERS. IF WE'RE DOING THIS TO THIS LAST MINUTE, IT'S PROBABLY ALL NINE OR NOTHING IN MY MIND. >> AND I WANT TO BRING IN OUR SENIOR CORRESPONDENT, AARON KATERSKY, BECAUSE, AARON, WE HAVE SEEN THIS BEFORE. >> WE HAVE BEEN HERE. WE HAVE SEEN A PREVIOUS PLEA DEAL FALL APART IN THIS CASE IN THE ACTUAL COURTROOM. >> WE THOUGHT IT WAS GOING TO BE A DONE AND NOT SO. >> SO WHAT ARE YOU WATCHING FOR WHEN THEY COME BACK INTO THE COURTROOM? >> WE'LL HAVE TO SEE WHETHER THE JUDGE ULTIMATELY IS WILLING TO THIS THE JUDGE WILL CUSTOMARILY ASK, ARE YOU PLEADING GUILTY BECAUSE YOU ARE GUILTY? AND HE WOULD EXPECT A SATISFACTORY ANSWER FROM HUNTER BIDEN. BUT IF THIS DOES MOVE TOWARD A PLEA, AVOID A TRIAL, IT MAY BE FOR GOOD REASON. EVEN THOUGH HUNTER BIDEN HAS RESISTED AND HAS PLEADED NOT GUILTY TO THESE NINE TAX CHARGES, THREE OF WHICH, AS JOHN, ARE FELONIES AND EXPOSE HIM TO POTENTIAL PRISON TIME. THE TRIAL COULD HAVE BEEN EMBARRASSING NOT JUST FOR HIM, BUT FOR HIS FATHER, BECAUSE PROSECUTORS RECENTLY, IN A DECISION FROM THE JUDGE, WON THE RIGHT TO BRING UP ALL SORTS OF EVIDENCE ABOUT HUNTER BIDEN'S OVERSEAS BUSINESS DEALINGS AND HOW HE EFFECTIVELY TRADED ON HIS FATHER'S STATUS, NOT NECESSARILY WHEN HIS DAD WAS IN OFFICE, BUT STILL UNSEEMLY PERHAPS BEHAVIOR. NOT THAT HE'S CHARGED WITH IT AND NOT THAT HE WAS EVER FACING ANY CRIMINAL EXPOSURE OVER IT, BUT IT WOULD HAVE RAISED A LOT OF QUESTIONS ABOUT KIND OF PERSON HUNTER BIDEN IS, EVEN AS HE WAS TRYING TO FIGHT THE IDEA THAT HE DIDN'T PAY HIS TAXES WHICH DAY. AND LET'S BE HONEST HE DIDN'T. HE PAID THEM BACK LATER. BUT THERE'S SEEMINGLY NO QUESTION HE'S GUILTY OF THE CONDUCT AS CHARGED. >> AND OUR INVESTIGATIVE REPORTER, OLIVIA RUBIN HAS BEEN FOLLOWING THIS. AND THE OTHER CASE THAT HUNTER BIDEN IS DEALING AS WELL. AND OLIVIA, HE IS STILL AWAITING SENTENCING FOR HIS IN DELAWARE ON FELONY GUN CHARGES BECAUSE OF A PURCHASE HE MADE OF A GUN IN 2018. HE LIED ON THAT FORM, CONVICTED ON THAT. DO YOU THINK THIS GUILTY PLEA COULD HAVE ANY ON THAT SENTENCING OR VICE VERSA? >> WELL, IT ABSOLUTELY COULD, DIANE. REMEMBER, WE'RE STILL WAITING TO SEE WHAT PROSECUTORS IT'S THE SAME PROSECUTORS IN THIS CASE AS THE DELAWARE CASE ARE GOING TO RECOMMEND AGAIN FOR HUNTER BIDEN IN HIS DELAWARE SENTENCING TO THE JUDGE. REMEMBER, THAT'S GOING TO HAPPEN JUST AFTER THE ELECTION. BUT AGAIN, THEY COULD GO TO HER AND SAY THIS IS MORE EVIDENCE OF GUILTY CONDUCT, FOLD IT IN, AND COULD IMPACT WHETHER THEY ULTIMATELY SEEK JAIL TIME FOR HUNTER BIDEN OR NOT. AND REMEMBER, THE STAKES ARE GOING TO BE A LITTLE BIT LOWER THAN AS THEY ARE NOW. HUNTER BIDEN'S FATHER IS NO LONGER RUNNING FOR RE ELECTION AS HE WAS WHEN THE PLEA DEAL FELL THROUGH AS HE WAS WHEN. HUNTER BIDEN WAS CONVICTED IN DELAWARE AND HE ISN'T NOW AND HE WON'T BE HUNTER'S SENTENCE JUST AFTER THE ELECTION. BUT AGAIN, IT ALSO HAS RAISED THE QUESTION OF IF HUNTER BIDEN COULD ULTIMATELY A PARDON FROM HIS FATHER. OUR OWN DAVID MUIR HAS ASKED HIM. HE HAS SAID THAT THAT IS OFF THE TABLE, THAT HE WON'T BE DOING THAT. BUT AGAIN, DIANE TIMES HAVE CHANGED. HE IS NOT GOING TO BE THE NOMINEE FOR 2024. SO, AGAIN, ONCE WE PAST THE ELECTION, COULD THAT BE AN OPTION THAT'S BACK ON THE TABLE FOR JOE ON HIS WAY OUT OF OFFICE. AND AS YOU MENTIONED THAT, OLIVIA, I DO ACTUALLY WANT TO GO BACK AND, PLAY THAT SOUND BITE BECAUSE OUR DAVID MUIR DID ASK THE PRESIDENT THIS DIRECTLY . HE ANSWERED THAT QUESTION. NOW BE CURIOUS TO SEE IF IT BUT I WANT TO PLAY THAT MOMENT FOR YOU. THE PRESIDENT'S RESPONSE WHEN DAVID ASKED HIM WHAT HE PARDONED HIS OWN SON. >> YOUR HUNTER IS ON TRIAL AND I KNOW THAT YOU CANNOT SPEAK AN ONGOING FEDERAL PROSECUTION, BUT LET ASK YOU, WILL YOU ACCEPT THE JURY'S OUTCOME, THEIR VERDICT? NO MATTER WHAT IT IS? YES. AND HAVE YOU RULED OUT A PARDON ,YOUR SON? >> YES. YOU HAVE PIERRE. >> HE SAID HE RULED OUT A PARDON, BUT NOT NECESSARILY A COMMUTATION OF A SENTENCE. THIS CAN HAVE SOME DIFFERENT PARAMETERS. WHAT ARE YOU WATCHING FOR IN TERMS OF OUTCOME IF THIS GUILTY PLEA DOES, IN FACT, GO THROUGH? WELL, I THINK THE GOVERNMENT WILL BE HAPPY IN THE SENSE THAT, LOOK, GAME, SET, MATCH, HE PLEADS GUILTY. HE'S NOW SUBJECT, YOU KNOW, SENTENCING. AND WE'LL HAVE TO SEE WHAT THE JUDGE AND WHAT THE GUIDELINES WILL ALLOW IN TERMS OF HOW MUCH TIME, IF ANY HUNTER BIDEN WOULD GO TO JAIL FOR. BUT FROM DOJ'S PERSPECTIVE, ANY TIME YOU CAN GET A SUSPECT, DEFENDANT