LISTEN HERE:
The President’s son, Hunter Biden, has recently found himself swept up in legal tumult, being subject to an indictment involving nine tax-related charges in California. This constitutes the next stage in an unfolding investigation by a special counsel into Hunter’s business-related affairs.
An intriguing layer to this situation is the looming 2024 election, which adds a new dimension to the proceedings. Previously, Hunter was slapped with federal firearms charges in Delaware, accused of transgressing laws preventing drug users from possessing guns in 2018.
These new charges, which surfaced on Thursday, are comprised of three felonies and six misdemeanors, thereby intensifying Hunter’s involvement with the judicial system. The previous negotiations had led to an arrangement where Hunter might have avoided incarceration, potentially easing progress toward what could have been a quiet settlement.
However, this plan fell through over the summer, thus redirecting the process down a path towards a potential courtroom battle, as his father, the President, gears up for a reelection campaign.
In a statement, special counsel David Weiss shared that Hunter Biden ‘squandered millions of dollars on excessive luxuries whilst neglecting to pay his tax dues.’ This case, focused around Hunter’s tax behavior, specifically shines a light on an outstanding $1.4 million that he owed in taxes from 2016 to 2019. During this time, it has been acknowledged that Hunter was grappling with personal addiction issues. Since then, the unpaid tax totals have been resolved.
However, if found guilty, Hunter Biden, at the age of 53, faces a potential maximum sentence of 17 years behind bars. What’s more, the special counsel’s specific investigation into him is far from concluded, as noted by Weiss. Responding sharply, defense attorney Abbe Lowell accused Weiss of succumbing to the pressure of Republican advocates in this case.
In a statement, Lowell argues that ‘the charges levelled against Hunter in Delaware and now California would be nonexistent were it not for his family name.’ The White House opted not to comment on the recent indictment on Thursday, instead forwarding any inquiries to the Justice Department or Hunter Biden’s personal representatives.
Interestingly, the prosecutions documents filed in California, which is Hunter’s place of residence, elaborate on his expenditures; explaining how his income was used on substances, adult entertainment, luxurious hotel stays, and high-end vehicles, according to prosecutor Leo Wise. This indictment takes place while lawmakers from the Republican party pursue an impeachment inquiry into President Biden—their claim being that he was entwined in a scheme where influence was exchanged with his son. The House is projected to vote on formally initiating this inquiry in the coming week.
So far, no concrete evidence has surfaced to directly implicate Joe Biden, either in his current presidential role or his previous positions, suggesting he manipulated his role or partook in corrupt activities. However, the ethics surrounding the international business dealings of the Biden family have been called into question. Relatedly, there’s been an ongoing separate criminal investigation into Hunter Biden that most expected to conclude with a plea deal. This would entail two years’ probation for pleading guilty to minor tax charges and avoiding prosecution on gun charges if he maintained good behavior.
Previously, this proposed outcome drew criticism from Republicans, with figures such as the former President Donald Trump branding it as a ‘sweetheart deal.’ It’s worth noting that Trump himself is grappling with his own set of legal challenges. These include allegations that he conspired to reverse the outcome of the 2020 election, which was in favor of Biden, a member of the Democratic party.
Rep. James Comer, a Kentucky Republican and chairman of the House Oversight Committee, attributed the credit for these new charges to two IRS investigators. They had testified before Congress that the investigation into the President’s son was mishandled and delayed by the Justice Department, which has been denied by the officials. The two IRS employees, Gary Shapley and Joseph Ziegler, hailed the indictment as ‘a complete vindication of our thorough investigation.’
The litany of charges against Hunter Biden now spans from tax evasion felonies and failing to file taxes to filing a false return. His defense team has signaled its intent to combat these new charges, possibly leveraging immunity provisions from the original plea deal. Arguments from the defense suggest that these provisions should still be enforceable since they were pen-signed before the agreement fell apart.
This point, however, has been contested by prosecutors arguing that the paperwork wasn’t officially signed by a judge and therefore should be considered invalid. On top of this, Lowell plans to lobby for the dismissal of the firearms charges in the week to come. The legal term for these charges has been described as ‘unprecedented and unconstitutional.’
Hunter Biden is accused of breaking laws against drug users owning firearms when he purchased and kept a revolver for approximately 11 days in 2018. To these charges, he has pleaded not guilty. In response, House Republicans have requested that he appear at a private deposition; a request he has refused. His legal representative has described the inquest as a ‘fishing expedition.’
In recent months, a more assertive approach to the case has been adopted by his legal team. These proceedings have also brought to the foreground certain lesser-understood aspects of the criminal justice system. Simultaneously, Republicans continue an impeachment inquiry in an attempt to link the President with the business activities of his son.
Another part of the criminal case filed in Delaware involves three federal firearms charges accusing Hunter Biden of lying about his drug use in order to acquire a firearm that he maintained possession of for 11 days in 2018. Federal law proscribes gun ownership by ‘habitual drug users’, though these charges rarely stand alone and have been questioned by a federal appeals court.
Hunter Biden’s struggles with substance abuse became more severe after his brother Beau Biden’s passing in 2015, as described in Hunter’s memoir ‘Beautiful Things’. Despite these adversities, Hunter amassed substantial income from 2016 to 2020 through his board positions with Ukrainian energy company Burisma and a Chinese private equity fund, as well as a law firm. Furthermore, prosecutors point out that he eventually rectified his tax situation in 2020 while also dealing with a child support case in Arkansas. The back taxes were eventually paid by a ‘third party,’ as disclosed in court documents.
