Indictment Leveled Against Hunter Biden on Federal Firearms Charges After Failed Plea Negotiations

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Hunter Biden faced formal indictment on federal firearms charges last Thursday, marking the most significant development in a longstanding investigation concerning the son of President Joe Biden.

The indictment, filed in a Delaware federal court by a special counsel responsible for overseeing the case, alleges that Biden misrepresented his drug use while purchasing a firearm in October 2018. During that timeframe, Biden has publicly admitted to battling addiction issues, specifically to crack cocaine.

The ongoing probe has also scrutinized Hunter Biden’s business activities. The special counsel’s office has signaled that additional charges related to untimely tax payments may be forthcoming, either in Washington, D.C., or in California, where Biden currently resides.

This indictment follows the breakdown of a plea agreement that, if finalized, would have circumvented a criminal trial, particularly significant with the 2024 presidential election on the horizon. In the aftermath of the failed plea deal, the level of political tension has surged. The House of Representatives has initiated an impeachment inquiry targeting President Biden, aiming to link him to his son’s business ventures and thereby distract from the legal issues plaguing former President Donald Trump.

Further Developments on Hunter Biden

• Public opinion remains sharply divided over President Biden’s involvement in his son’s businesses, according to an AP-NORC poll.
• Prosecutors aim to secure a new indictment against Hunter Biden by the end of September.
• Challenges mount for Hunter Biden as a guilty plea appears increasingly likely.

Throughout the duration of this multi-year investigation, federal prosecutors have not implicated President Joe Biden. Republicans have not presented substantial evidence of wrongdoing by the President, who has stated that he is not involved in his son’s business activities.

David Weiss, the Trump-appointed U.S. Attorney for Delaware who has long been in charge of the investigation into Hunter Biden, was recently promoted to the role of special counsel, granting him expansive authority to continue his inquiry.

Hunter Biden is formally charged with three counts: two for making false statements on the mandatory firearm purchase form and a third for possessing the weapon while being a drug user. The two counts of false statements carry a maximum sentence of up to 10 years in prison, while the possession charge could result in up to five years’ imprisonment upon conviction.

Rep. James Comer, the leading Republican spearheading the impeachment inquiry into President Biden, described the indictment as a “modest beginning.” He emphasized that unless the Justice Department investigates the allegations Republicans have raised about President Biden’s involvement in his son’s business dealings, it will appear that the Department is shielding Hunter Biden.

Previous negotiations for a felony gun charge against Hunter Biden, aged 53, had been part of a plea deal that also incorporated misdemeanor tax charges. However, the deal disintegrated during a court hearing in July due to questions raised by a judge about its unusual conditions. Defense lawyers have claimed that elements of the deal, including immunity provisions against future charges, still stand. However, prosecutors argue that the agreement never took effect and is now void.

In terms of prosecution rates, charges related to firearms possession by drug users are relatively uncommon. According to data from the U.S. Sentencing Commission, approximately 5% of those convicted for illegal gun possession in 2021 were charged in relation to drug use.

Adam Winkler, a constitutional law professor and expert in firearms policy at the University of California, Los Angeles School of Law, noted that such cases are usually pursued in connection with other criminal activities. “It’s relatively rare to prosecute someone for being a substance abuser in possession of firearms, absent other criminal activity, or unusual circumstances,” he commented.

Moreover, a federal appeals court recently ruled that a longstanding ban did not meet the new criteria for firearms laws established by the Supreme Court.

Republicans have criticized the failed plea deal as overly lenient. It would have enabled Hunter Biden to serve probation rather than prison time for his failure to pay taxes for the years 2017 and 2018. During these years, his reported income amounted to approximately $4 million, sourced from business and consulting fees via a company he formed with the CEO of a Chinese business conglomerate and the Ukrainian energy company Burisma, as stated by prosecutors.

As for Congressional Republicans, they persist in their independent probes into not just the Justice Department’s handling of the case but also into the myriad aspects of Hunter Biden’s business ventures. While they have gathered testimonial evidence illustrating how Hunter Biden leveraged the “Biden brand” for international business opportunities, they have yet to provide concrete evidence implicating President Biden in any malfeasance.

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Contributions to this report were made by Big Big News writer Farnoush Amiri.

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More about Hunter Biden indictment

• Hunter Biden Indictment Details
• Role of Special Counsel David Weiss
• Collapse of Hunter Biden’s Plea Deal
• House Impeachment Inquiry Against President Biden
• AP-NORC Poll on Public Opinion
• U.S. Sentencing Commission Data on Firearm Charges
• Republicans’ Ongoing Investigations