Conditions of Hunter Biden's Pre-Trial Release Have Been Announced, and Hoo Boy!

AP Photo/Evan Vucci

As reported earlier, Hunter Biden was arraigned and entered a plea of not guilty to two federal tax charges and one federal gun charge at the US District Court in Wilmington, Delaware, on Wednesday. He was processed, including being fingerprinted, and placed on pre-trial release. Shortly after the hearing ended, Hunter’s pre-trial release order, including conditions of pre-trial release, was uploaded to the case docket, and a number of them are raising a few eyebrows and inciting laughter.

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While the conditions Judge Maryellen Noreika set for Hunter’s pre-trial supervision are somewhat lenient (he doesn’t have to surrender his passport), he might have trouble complying with them anyway. In addition to the standard conditions of release, Judge Noreika ordered Hunter to:

    • Continue or actively seek employment
    • Communicate in writing all international travel plans and provide supporting documentation
    • Not possess a firearm, destructive device, or other weapon.
    • Not use alcohol at all,
    • Not use or unlawfully possess a narcotic drug or other controlled substances defined in 21 U.S.C. § 802, unless prescribed by a licensed medical practitioner.
    • Submit to testing for a prohibited substance if required by the pretrial services office or supervising officer. Testing may be used with random frequency and may include urine testing, the wearing of a sweat patch, a remote alcohol testing system, and/or any form of prohibited substance screening or testing. The defendant must not obstruct, attempt to obstruct, or tamper with the efficiency and accuracy of prohibited substance screening or testing.
    • Participate in a program of inpatient or outpatient substance abuse therapy and counseling if directed by the pretrial services office or supervising officer.
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Hunter is to “submit to supervision by and report for supervision to the Central District of California,” which means that he will be registering with federal probation/parole officers in that district (of which Los Angeles County is a part). That officer will determine Hunter’s compliance with the conditions of pre-trial release.

Standard conditions of release include not breaking any federal, state, or local law while on release, submitting a DNA sample if authorized under federal statutes, apprising the Court or pre-trial services in writing and ahead of time of any change in address or phone number, and appearing in court in Delaware when ordered to do so.

Hunter Biden Conditions of … by Jennifer Van Laar

The Minute Entry for Wednesday’s proceedings states:

Minute Entry for proceedings held before Judge Maryellen Noreika – Initial Appearance as to Robert Hunter Biden on Count 1, 2 held. Defendant was present with counsel. The Court advised Defendant of rights and granted release with conditions. Defendant waived the preliminary hearing. The Court advised counsel of their Brady obligations under Rule 5(f). The Court deferred a decision on the plea and pretrial diversion agreement. The parties shall submit briefs as ordered within 30 days; Not Guilty Plea entered. Time is excluded from the Speedy Trial Act between today and 9/1/2023 in the interests of justice. Appearances: B. Wallace, Esq., L. Wise, Esq., & D. Hines, Esq. for USA; C. Clark, Esq. & R. Jones, Esq. for DEFT; M. Bray & B. Williams for USPO

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According to that entry, Judge Noreika deferred her decision on that plea agreement and has asked the parties to submit briefs on the issues raised.

Hunter Biden and his attorneys left the courthouse about 30 minutes after the hearing ended. His legal team is expected to issue a statement sometime Wednesday but that has not been done as of the time of publication.

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