Federal prosecutors plan to ask a grand jury to indict Hunter Biden, the son of President Joe Biden, on a gun-related charge before September 29, as revealed in a court filing. The plan was disclosed six weeks after a planned plea deal that would have seen Hunter plead guilty to tax crimes while avoiding conviction on the gun charge collapsed after a judge questioned its terms.
The gun charge in question prohibits people who are users of illicit drugs from possessing a firearm. However, the constitutionality of that charge was called into question last month by a panel of judges on the 5th U.S. Circuit Court of Appeals.
Hunter’s lawyer, Abbe Lowell, has argued that the prior deferred prosecution deal is still valid for the gun charge, meaning Hunter cannot be charged with that crime if he stays out of trouble for two years. This plea deal also bars prosecutors from filing any more charges against Hunter.
While the U.S. Attorney’s Office in Delaware, led by special counsel David Weiss, has indicated its intent to seek an indictment, Hunter’s legal team maintains that the signed and filed diversion agreement remains valid and that Hunter has been complying with the conditions of release.
Hunter Biden still faces charges of two counts of failure to pay federal income taxes on income exceeding $1.5 million annually in 2017 and 2018. However, the status of the gun charge and the tax-related charges remains in dispute between Hunter’s lawyers and federal prosecutors.
