Special Counsel Files Felony Gun Charges Against Hunter Biden

David Weiss, who serves as a U.S. Attorney, was designated as the special counsel for the case just last month.

Special Counsel David Weiss has indicted Hunter Biden, the son of President Joe Biden, on felony gun charges. These charges have intensified legal pressure on Hunter Biden, especially since a previous plea agreement with prosecutors collapsed recently.

Hunter Biden faces two counts related to false statements in the firearm purchase process and a third count for obtaining a firearm while addicted to drugs. If convicted, the false statement charges carry sentences of up to 10 years and five years, respectively, while the illegal possession charge could lead to a sentence of up to 10 years.

Over the years, prosecutors have closely examined Hunter Biden’s business activities and personal life. This investigation had seemingly culminated in a plea deal reached in June. Under that agreement, Hunter Biden would have pleaded guilty to two misdemeanor tax offenses and entered a pretrial diversion program, avoiding prosecution on the felony gun charge.

However, the plea deal unraveled during a court hearing in July when U.S. Judge Maryellen Noreika expressed concerns about the agreement’s structure and the scope of an immunity deal, revealing disagreements between the two sides.

Weeks later, on August 11, Attorney General Merrick Garland promoted Weiss, originally appointed by former President Donald Trump, to the role of special counsel, granting him wider authority to bring charges against Hunter Biden in any part of the country..

Subsequently, prosecutors informed the court that new negotiations had hit an impasse, and Hunter Biden’s legal team accused Weiss’ office of reneging on their agreement.

Thursday’s charge is unlikely to be the final one. Weiss also withdrew the two misdemeanor tax charges in Delaware, with the intention of pursuing them in California and Washington, D.C., where the alleged misconduct occurred. A timeline for these charges has not been provided by prosecutors.

Hunter Biden’s legal team asserts that the pretrial diversion agreement, signed by prosecutors, remains valid. However, Weiss’ team argues that the probation officer never signed it, rendering it null and void.

The conduct detailed in Weiss’ indictment traces back to October 2018 when Hunter Biden acquired a Colt Cobra 38SPL revolver and falsely declared his drug use on a federal form. Prosecutors revealed that Hunter Biden had been a frequent user of crack cocaine during that period, as documented in his memoir, “Beautiful Things.”

While the law is clear that lying on a gun application form or possessing a firearm as a drug user is a crime, legal experts suggest prosecutors might face challenges.

A federal appeals court in New Orleans recently ruled that drug use alone should not automatically disqualify someone from obtaining a gun. It’s important to note that this ruling is not binding in Delaware.

Abbe Lowell, an attorney for Hunter Biden, has pointed out that this ruling could play a role in their defense, as it challenges the constitutionality of the statute in question.

Lowell also stated that federal prosecutors in Delaware have never utilized this specific statute as a standalone offense, typically attaching it to other charges.

As for Hunter Biden’s future, one immediate consequence of Weiss’ charge is evident: President Biden will once again face scrutiny related to his son’s legal issues during the 2024 election season.

The president’s political opponents have seized upon Hunter’s international business dealings to make allegations painting the entire Biden family as corrupt, despite the absence of clear evidence indicating that Joe Biden personally benefited from or endorsed his son’s work.

Meanwhile, on Capitol Hill, House Speaker Kevin McCarthy announced on Tuesday that he plans to initiate an impeachment inquiry against President Biden regarding his alleged involvement in his son’s influence-peddling. The White House has characterized this move as “extreme politics at its worst,” maintaining that “the president has not engaged in any wrongdoing.”

In response to today’s charges, Representative Comer, one of the leading committee chairs overseeing the Republicans’ impeachment inquiry into President Joe Biden, expressed, “Today’s charges mark a modest beginning. However, unless U.S. Attorney Weiss investigates all parties involved in the fraudulent activities and influence-peddling, it will appear that President Biden’s Department of Justice is shielding Hunter Biden and his father, a claim based on unproven allegations.”