It took five years of investigating, but federal prosecutors will finally charge Hunter Biden with tax and gun crimes. But the first son was reportedly offered a deal that will keep him out of jail.
Hunter has been under investigation for tax crimes related to his overseas business dealings and for illegally possessing a firearm, having allegedly lied about his drug use when purchasing a handgun in 2018. The investigation dragged on for years, weathered whistleblowers, and outraged Americans, who believe the Justice Department is giving Hunter preferential treatment.
The deal reached between U.S. Attorney David Weiss and Hunter’s attorneys, which a judge still needs to approve, will undoubtedly intensify concerns that Hunter received a sweetheart deal.
According to the Washington Post, Hunter “has tentatively agreed to plead guilty to two misdemeanor tax charges of failure to pay in 2017 and 2018.” Hunter is accused of not paying taxes on a liability of about $1.2 million. But instead of jail, prosecutors agreed to recommend Hunter receive only probation and pay the amount of taxes that he originally owed.
Meanwhile, Hunter will admit to illegally possessing a firearm, but he will not plead guilty to lying on the federal form. Under typical circumstances, possessing a firearm while using illegal drugs is a felony. But Hunter will technically not be prosecuted for the crime. Instead, he will be offered a diversion program and probation.
When Hunter Biden meets the conditions of diversion, the crime will be removed from his record, but he will be banned from owning firearms, the New York Times reported.
Offering diversion for the firearm-related charge is unusual by recent standards. According to the Post, “between October 2022 and March 2023, federal prosecutors filed 3,863 cases in which the unlawful possession of a firearm was the lead charge.”
Importantly, 130 of those cases involved lying to obtain the firearm. In Delaware specifically, one person was prosecuted between October 2022 and March 2023 for unlawful possession of a firearm in which a false statement was used to obtain the firearm. That person, of course, was not Hunter.
Despite the evidence of crimes, Hunter was not arrested and will not wear handcuffs. Whether he will be formally booked into jail remains unclear. He is, however, expected to appear in federal court in Delaware in the coming days.
According to the Times, Christopher Clark, Biden’s lead attorney, met with Justice Department officials in several meetings over the last year and a half. In those meetings, Clark “presented them with evidence intended to convince them that any prosecution of his client would be weak,” the newspaper reported.
In a statement, Clark celebrated the deal and claimed it demonstrates that Hunter is taking accountability for his actions.
“I know Hunter believes it is important to take responsibility for these mistakes he made during a period of turmoil and addiction in his life,” Clark said. “He looks forward to continuing his recovery and moving forward.”
Clark claimed the deal means the investigation is “resolved,” but Weiss said in a statement, “The investigation is ongoing.”
Editor’s Note: This story has been updated to include Weiss’ statement.
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