Hunter Biden's Criminal Charges Explained
Photo Courtesy: Chairman of the Joint Chiefs of Staff Hunter Biden (middle) embraces President Joe Biden and First Lady Dr. Jill Biden at the 2020 Presidential inauguration
In light of Donald Trump’s then second indictment for mishandling classified documents, Republicans have attempted to redirect attention towards the charges facing President Joe Biden’s son, Hunter. The 53-year-old was arraigned at court in Wilmington, Delaware on the 3rd of October where he pleaded not guilty to three federal gun charges.
So, what are the actual charges against Hunter Biden as of October 2023?
What are the tax charges against Hunter Biden?
In December 2020, only a month after Joe Biden won the election, Hunter confirmed he was the subject of a federal tax probe. The investigation had opened back in 2018 and was put on hold during the Democratic primaries and general election.
The prosecutors in charge of the case were specifically focused on business dealings Hunter had had whilst working alongside Chinese business associates. Particularly, the focus was on a 2.8 carat diamond received in 2017. In conjunction with this gift, Hunter was stated to have owed “in excess of $100,000 in federal income taxes each year” for both 2017 and 2018 by Trump-nominated attorney David Weiss
In June 2023, a plea deal was reached between the parties. Hunter was expected to plead guilty to two federal misdemeanour counts of failing to pay the tax he owed. Weiss’ office was expected to recommend probation for Hunter, which would have likely not resulted in any prison time.
However, in August 2023, the agreement fell apart as District Judge Maryellen Noreika, also appointed by Trump, stated that there were unanswered questions over the terms of the agreement. During the hearing, a hypothetical question was raised as to whether Hunter could face charges for failing to register as a foreign agent regarding his dealings with China. After the defence stated that the agreement would prohibit Hunter from being charged, the prosecutor retorted, “then we’ll rip it up”.
What are the firearm charges against Hunter Biden?
Whilst firearm ownership is protected under the Second Amendment in the US, acts of Congress have made it illegal to own a gun if the individual is a repeat user of illicit drugs. Congress enacted both the 1968 Gun Control Act and the Controlled Substances Act to prevent individuals from owning firearms if they had been intoxicated at the time of ownership.
In 2022, the Supreme Court expanded the reach of the Second Amendment, stating that gun restrictions in the US were only valid if they resembled the law during the Founding era of the country. The ruling of New York State Rifle & Pistol Association Inc. V Bruen in 2022 has allowed defendants to argue that the laws in the late 1700s only applied to those who were intoxicated in the moment, not whether they had been under the influence in the past.
Indeed, Hunter has publicly admitted his struggles with cocaine, both in interviews and his memoir, as well as alcohol addiction. It was during this time that prosecutors alleged Hunter had lied on documents in 2018 for a handgun, which the accused had owned for a period of 11 days.
Originally, prosecutors were expected to enter into a Pretrial Diversion Agreement, a set of conditions for the accused party to avoid prosecution. This would have lasted for 24 months, with Judge Noreika acting as arbiter for the period. However, there were issues over whether her court would have the jurisdiction to preside over the matter.
As with the tax charges, the firearm charges now await the outcome of the next hearing.
The political outcome of the case
It is no surprise that following the 37-count indictment of Donald Trump over his mishandling of documents at his Mar-a-Lago estate, Republicans have been trying to divert public focus back onto Hunter Biden.
The most recent plea deal has been seen by many within the Republican party as an example of corruption within the Biden family. In continued efforts to discredit the current President, Republican leaders of the House brought forward articles of impeachment against Joe Biden, stating that Hunter’s actions show a larger pattern of illegal behaviour. All allegations against the current President have been denied by the White House, calling the current session a “political stunt”.
As the presidential election cycle continues, the right wing of American politics will do all they can to make Hunter Biden a pivotal part of how the Democrats and Joe Biden are perceived ahead of November 2024.