Federal prosecutors believe they may charge Hunter Biden with tax crimes and making a false statement, but a final decision has yet to be made by the U.S. attorney in Delaware, according to sources familiar with the case.
The case against Biden was narrowed earlier this year and was a matter of discussion in early summer between FBI and IRS investigators, Delaware prosecutors and the Justice Department, CNN previously reported. The discussions included assessing the strength of the case and questioning whether more work was needed before deciding on charges, according to sources who spoke to CNN in July.
Prosecutors have yet to make any charging decisions in the case and have not met since early summer to discuss the federal investigation, according to two sources familiar with the matter. A decision is not expected before the mid-term elections.
A source familiar with the matter told CNN that talks between Biden’s team and the Justice Department have been going on for months, but nothing has changed in a few months on that front.
The Wall Street Journal reported that Biden’s legal team met in “recent weeks” with Justice Department prosecutors to argue against a potential case.
“As is proper and legally required, we believe that prosecutors in this case carefully and thoroughly weighed not only the evidence provided by agents, but also all the other witnesses in this case, including witnesses for the defense,” said Biden’s attorney Chris Clark. a written statement to the magazine.
The Washington Post reported Thursday that prosecutors believe they have “sufficient evidence” to indict Biden, son of President Joe Biden, on two counts — tax crimes and making a false statement about a gun purchase, the same crimes CNN reported in July were the focus of the investigators’ discussions with the Ministry of Justice.
Investigators have at various times inquired into several facets of Hunter Biden’s life — initially focusing on tax issues and money transfers related to business activities in China, multiple people familiar with the probe previously told CNN.
But prosecutors are also looking into an incident in 2018 in which a firearm owned by Biden ended up being dumped by his then-girlfriend in a dumpster in Wilmington, a person briefed on the matter said. Biden described in media interviews last year that he was addicted to drugs, raising the possibility that he broke federal law when he bought the firearm.
Federal law prohibits the purchase of firearms by anyone who uses or is addicted to illegal drugs.
Still, Biden has publicly discussed his own drug addiction struggles, and some judicial officials have debated whether his open discussions about his past drug use could potentially weaken their case if they were to bring one.
Biden has also denied any wrongdoing in his business activities.
In late 2020, after being notified by the U.S. attorney in Delaware of the investigation, he said in a statement issued by his father’s presidential transition office: “I take this matter very seriously, but I am confident that a professional and objective review of these matters will show that I handled my affairs legally and appropriately, including with the benefit of professional tax advisors.”
The president, meanwhile, has repeatedly said he will not interfere with the Justice Department’s independence. Early in his presidency, Biden decided to retain U.S. Attorney David Weiss, an appointee of former President Donald Trump, in office to continue overseeing the Delaware investigation.