The son of President Joe Biden, Hunter Biden, has been charged with federal firearms offenses, the most recent development in a protracted inquiry.
As the 2024 election draws near, these charges could result in a high-stakes trial, adding another level of complexity.
Hunter Biden’s Federal Firearms Charges
According to the indictment, Hunter Biden lied about his history of drug use when he bought a gun in October 2018.
He freely admitted his struggle with crack cocaine addiction during this acquisition. A special counsel handling the case issued the indictment in federal court in Delaware.
This legal move follows the failure of a plea agreement that had been negotiated, a deal that may have spared Hunter Biden from a criminal trial and spared President Joe Biden from distracting publicity.
The legal conflict is still very much ongoing. Hunter Biden’s defense lawyer claims that the immunity clause that was initially a part of the plea agreement protects him and that he did not break the law.
A federal appeals court recently ruled that the law under which he was prosecuted was unconstitutional, and the offenses he faces are rarely considered stand-alone counts.
Hunter Biden has been under investigation for his business practices in addition to the gun accusations.
Tax charges may be filed in either Washington or California, where Hunter resides, according to the special counsel involved in the matter.
According to the White House, President Biden had no role in his son’s business operations.
The prior plea deal, which kept Hunter Biden out of jail, has drawn criticism from Republicans for being a Sweetheart deal.
Republican lawmakers are asking for inquiries into the possibility that President Biden had a hand in his son’s business affairs.
Hunter Biden’s case is being investigated by federal prosecutors who have made no references to a connection to President Biden during their years-long investigation.
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Special Counsel David Weiss’s Appointment Fuels Hunter Biden’s Firearm Indictment
David Weiss, the primary prosecutor that former President Trump chose, recently received a promotion to special counsel, giving him extensive investigative and reporting authority.
Three counts, all about firearm acquisition, are included in the indictment against Hunter Biden. He is accused of making two false declarations: one on the form that had to be filled out to acquire a gun and another when he gave the gun store the incorrect information for their legally needed records.
According to the third count, he allegedly had the gun for about 11 days while being aware of his drug usage.
Hunter Biden may spend up to 25 years in prison if found guilty on these counts, while actual sentences for federal offenses sometimes don’t reach the maximum sentence.
In the original plea agreement, the firearm allegation was included along with guilty pleas to misdemeanor charges of failing to pay taxes on around $4 million in revenue in 2017 and 2018.
Hunter Biden would not have admitted guilt under the terms of the agreement, and the firearm charge would have been dropped if he had stayed trouble-free for two years.
This arrangement, however, broke down in July during a court session when a judge voiced his worries.
Abbe Lowell, the defense counsel for Hunter Biden, claims that some terms of the plea agreement, such as the immunity clauses against future accusations, are still in effect.
According to the prosecution, the plea deal is invalid because it never took effect.
Charges involving the possession of a pistol by a drug user are uncommon, mainly when they are unrelated to other criminal activity.
According to information from the US Sentencing Commission, only 5% of those who received prison sentences for unlawful gun possession in 2021 had drug charges attached to their cases.
These cases frequently involve defendants who are also charged with other offenses.
Notably, a federal appeals court recently determined that the established prohibition on gun sales to anyone with a history of drug use did not comply with the new requirements for gun laws set by the Supreme Court.
The court determined that the history and traditions of the country did not warrant disarming a sober citizen based only on their prior drug use.
Republicans in Congress are still looking into several facets of Hunter Biden’s business transactions and how the Justice Department handled the matter. This includes claims that politics tainted the probe.
Regarding allegations of political involvement, two FBI agents who worked on the Hunter Biden case recently gave separate, closed-door testimony to lawmakers. In response to evidence from an IRS whistleblower who claimed that the Justice Department had hampered the investigation, they underlined that the special counsel, David Weiss, had complete control over the inquiry.
As the 2024 election cycle approaches, the legal and political tale around Hunter Biden is still in progress and generates a lot of interest and discussion.
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