A lawyer for Hunter Biden told a federal judge in Los Angeles that there was no reason to continue the start of jury selection in his criminal tax trial, scheduled for Thursday morning, because President Joe Biden’s son intends to change his plea.

The lawyer, Abbe Lowell, said Hunter Biden plans to enter a so-called Alford plea, in which the defendant claims his innocence of the crimes he is accused of but admits that the prosecution has enough evidence to convict.

If US Judge Mark Scarsi agrees to the Alford plea, Biden would be convicted.

Lowell’s announcement surprised prosecutors. Scarsi gave them time to process the development and discuss it with Biden’s defense team.

According to Justice Department guidelines, federal prosecutors may agree to an Alford plea “only in the most unusual cases and only after the Assistant Attorney General of the Tax Division or a senior Department official has approved a written request.”

As President Biden left the White House on Thursday to travel to Wisconsin, he ignored loud questions about Hunter Biden and whether he was happy that he was changing his plea.

Hunter Biden, 54, had previously pleaded not guilty in the case. He is charged with three felonies and six misdemeanors for failing to pay at least $1.4 million in federal taxes between 2016 and 2019.

More than 100 potential jurors gathered Thursday morning to participate in jury selection for the trial in the case.

But Lowell told Scarsi, “There is no reason to proceed with jury selection given Mr. Biden’s intention to change his plea.”

Lowell told Scarsi there was “no agreement” with prosecutors about Biden’s planned Alford plea. However, the lawyer said there was no requirement for such an agreement.

“The law is very clear. If the defendant meets Rule 11b, the court is obligated to grant the plea,” Lowell said.

Lowell also said, “I don’t think we would agree under the usual circumstances of a plea deal,” which could mean prosecutors agreeing to the terms of a plea deal.

Leo Wise, the prosecutor in the case, told Scarsi, “This is the first time we’ve heard of this.”

Wise asked for time to discuss the proposed change in plea privately.

“I think this can be solved today,” Lowell said. “It doesn’t take days.”

Scarsi told attorneys he would not release the 125 people gathered for jury selection for the time being. He adjourned the case until 2 p.m. ET.

Hunter Biden was found guilty in June after a trial in a separate case in which he was accused of crimes related to the purchase of a handgun in 2018 while he was a crack cocaine user and addict.

He is awaiting sentencing in the case, which was heard in U.S. District Court in Delaware.

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