Special counsel David Weiss is moving forward with plans to seek an indictment against Hunter Biden, son of President Joe Biden, in connection with gun-related charges. The Justice Department confirmed this development on Wednesday, setting the stage for a potentially significant legal showdown.
Hunter Biden had previously entered into an agreement related to a felony gun possession charge, which would have allowed him to avoid prosecution if he met specific conditions over a two-year period. However, the collapse of his plea deal to address two tax charges in court has cast uncertainty over the future of the gun case.
The Speedy Trial Act mandates that the government secure a grand jury indictment by Friday, September 29, 2023, at the earliest. The special counsel's office stated in a court filing that they intend to seek an indictment in the case before this deadline.
The exact nature and number of charges to be brought against Hunter Biden were not disclosed in the announcement.
Hunter Biden's attorney, Abbe Lowell, emphasized that the previous deal prevented additional charges from being filed against his client, as Hunter had been complying with the conditions set forth in the agreement for several weeks.
Lowell expressed confidence in reaching a fair resolution in the ongoing investigation, emphasizing that it should be based on evidence and the law, rather than external political pressures.
The gun-related charges against Hunter Biden stem from his purchase of a firearm in October 2018. During the purchase at a Delaware gun shop, he falsely declared on a federal form that he neither used nor was addicted to any illegal drugs, despite grappling with a crack cocaine addiction at the time.
Lying on this ATF form and possessing a firearm while using drugs are federal offenses. Hunter Biden possessed the gun for approximately 11 days in 2018. Some of these offenses' statute of limitations is set to expire in October.
David Weiss has been leading the investigation into Hunter Biden since late 2018, exploring potential felony tax evasion, illegal foreign lobbying, money laundering, and other matters connected to Hunter's overseas business deals.
The investigation seemed to be concluding in June when an agreement was announced, with Hunter Biden pleading guilty to federal tax misdemeanors and a "diversion agreement" in which the gun charge would be dropped if certain conditions were met. However, this agreement fell apart during a court hearing in July, leading to the appointment of Weiss as a special counsel by Attorney General Merrick Garland in August.
In addition to the gun case, Weiss is also evaluating whether to charge Hunter Biden with tax-related crimes. He recently indicated the possibility of tax charges, suggesting that a trial might be necessary. These charges could potentially be filed in California or Washington, D.C., as Hunter Biden faced tax-related issues due to missed IRS deadlines.
