President Joe Biden’s son, Hunter Biden, has been charged by special counsel David Wyss in connection with a gun purchase in 2018, marking the first time the federal department has charged the child of a sitting president.
The three charges include making false statements on a federal firearms form and possessing a firearm as a prohibited person.
It marks an extraordinary coup after her original endorsement deal went sour and is likely to lead to a dramatic trial amid her father’s 2024 reelection bid.
The White House thought Hunter Biden’s legal drama would end this summer, but an effort to settle the case without charges by a deal with Vice fell apart in the summer amid an investigation by a federal judge. The Republican Party has also issued a criticism of Hunter Biden’s business efforts in relation to the president, according to confidential views of the White House.
Court documents show a summons was issued against him for his first court appearance on Thursday, although it is unclear when or where that first appearance will take place.
Hunter Biden is currently in California, a source informs, adding that any plans regarding the sequence or first appearance, including the date and location, still need to be worked out.
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His lawyer, Abe Lowell, considered the campaign to be politically motivated.
“As expected, the lawsuit, which was not determined to be naturally motivated, was filed just six weeks ago following a five-year investigation into this case,” Lovell said in a statement. “The evidence in this case has not changed in six weeks, but the laws have changed even more with the inept and biased interference of the MAGA Coalition. Hunter Biden having an unloaded gun for 11 days was not a threat to public safety, But a major landlord, who wields all possible powers, succumbing to political pressure poses a serious threat to our justice system.”
Former President Donald Trump, Gopal’s leading 2024 candidate who has been impeached four times, called Hunter Biden’s campaign “a sad situation.”
“It’s a sad situation, I mean, nobody wants to be happy about it.”
Gun purchase in 2018
Hunter Biden’s gun-related legal issues relate to a gun he purchased in October 2018. When purchasing a revolver from a Delaware gun shop, he lied on a federal form when he swore that he was not using any illegal drugs, and that he had no known drug addiction—although he was under the influence at the time of purchase. Was struggling with crack cocaine addiction.
According to the allegation, “Hunter Biden provided a written statement on Form 4473 in which he certified that he is not an unlawful user of any stimulant, narcotic drug, or any other controlled substance, when in fact, to the best of his knowledge, That statement was false and imaginary.”
Federal law strictly forbids making false statements on an ATF form or possessing firearms while using drugs. (In 2018, Hunter Biden had the firearm in his possession for approximately 11 days.) Prosecutors have previously noted that the time limit for certain offenses under this statute is set to expire in October.
Lowell, speaking on Thursday, emphasized that the earlier agreement should render the firearm charges inadmissible.
“We firmly believe that these charges are prohibited by the agreement reached with Mr. Biden by the prosecutors,” Lowell stated. “Furthermore, recent rulings by numerous federal courts have deemed this statute to be unconstitutional. Given that he did not breach this law, we are prepared to present evidence to support our case in court.”
Prosecutors say the agreement was never implemented.
Weiss has been leading Hunter Biden since late 2018. Over the years, his team has investigated possible felonies, illegal foreign lobbying, money laundering and other matters, largely linked to Hunter Biden’s foreign business dealings.
The investigation came to a close in June, when Weiss announced a two-pronged settlement in which Hunter Biden pleaded guilty to two federal tax misconduct counts, and entered into a “diversion agreement” in which the gun charges against Hunter were dropped to two counts. Will be removed in a year. Biden passes routine drug tests and stays away from legal issues
But in a surprise court hearing in July, the deal failed to materialize under scrutiny from the federal judge overseeing the case. The two sides attempted to communicate again, but negotiations reached an impasse, and Attorney General Merrick Garland granted special counsel status to Weiss in August – leading to a major escalation of the investigation.”
In addition to the gun case, Weiss is still considering whether to charge Hunter Biden with tax crimes. He said in a court filing last month that he is “going to trial now” on publicity tax crimes and that he “could possibly bring tax charges” in Washington, D.C. or California.
The charges
Hunter Biden, if convicted on all counts, could theoretically face up to 25 years in prison and a fine of up to $750,000, court filings said.
However, alleged first-time offenders and non-violent offenders rarely receive the maximum sentence.
A federal grand jury in Delaware handed up a three-count indictment on Thursday, according to court filings.
Count One accused Hunter Biden of lying on an ATF form, by falsely swearing that he was not addicted to or using illegal drugs when he purchased the gun.
Count two accuses Hunter Biden of lying that he purchased the gun from a federally licensed gun dealer in Wilmington. The alleged lie was related to the same sworn statement on the ATF form.
Count three charges Hunter Biden with illegal possession of a gun, which is a federal crime if he uses drugs or becomes addicted to drugs. In 2018, he carried a gun for 11 days.
One charge is facing serious constitutional jeopardy
The August ruling by an appeals court covering three Southern states, which declared the law unconstitutional, puts Hunter Biden on shaky legal ground already accused of breaking gun ownership laws.
Last month, a New Orleans-based federal appeals court struck down the decades-old law, saying it violated the Second Amendment in a case involving a man convicted in 2022.
Overall, there may be some limits in our history and tradition that give someone the right to carry a weapon while intoxicated, but that does not justify disarming a sober citizen simply based on his or her past drug use. , said Circuit Judge Jerry Smith, a Ronald Reagan appointee. Wrote to the panel of three judges. Nor does this ban on non-violent drug users support more generalized conventions of disarming dangerous individuals.
Other defendants convicted under the law in Louisiana, Mississippi and Texas can try to bring new challenges to their convictions, but Delaware’s Biden case has no legal bearing.