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Prosecutor says he’ll seek Hunter Biden indictment by Sept. 29

Biden’s plea agreement with prosecutors fell apart in July

Attorney General Merrick B. Garland announced the appointment of U.S. Attorney David Weiss as special counsel to investigate Hunter Biden, the son of President Joe Biden, in August.
Attorney General Merrick B. Garland announced the appointment of U.S. Attorney David Weiss as special counsel to investigate Hunter Biden, the son of President Joe Biden, in August. (Tom Williams/CQ Roll Call)

Federal prosecutors said in a court filing Wednesday that they intend to seek an indictment of Hunter Biden by late September, a disclosure that comes weeks after the Justice Department named U.S. Attorney David Weiss as special counsel.

Hunter Biden, President Joe Biden’s son, had agreed to plead guilty to two charges of misdemeanor tax evasion and enter a pretrial diversion agreement on a firearm possession charge. But a plea deal in the case fell apart earlier this year in an appearance in U.S. District Court for the District of Delaware.

Weiss didn’t disclose specific charges that federal prosecutors are pursuing, but his office filed a status report with the federal court in Delaware saying they plan to seek an indictment before Sept. 29.

The Justice Department investigation of Hunter Biden has been an area of intense focus for congressional Republicans, who castigated the plea deal. Some Republicans have also bashed Weiss, an appointee of former President Donald Trump, saying he gave Hunter Biden a “sweetheart” plea deal.

A criminal case against the president’s son could add uncertainty to the 2024 presidential campaign.

Prosecutors accused Hunter Biden of avoiding more than $100,000 in federal income tax in both 2017 and 2018 and possessing a gun while using illegal drugs in 2018.

Attorney General Merrick B. Garland appointed Weiss, the U.S. attorney in Delaware, as a special counsel last month, saying the move was in the public interest. Garland said Weiss would continue to have charging authority over the investigation.

“This appointment confirms my commitment to provide Mr. Weiss all the resources he requests,” Garland said at the time.

Weiss’ office said in a court filing on the same day of the announcement that both sides were at an “impasse” and weren’t agreeing on a plea agreement or a diversion agreement.

The prosecutors also told the court that they didn’t believe the case would be resolved “short of a trial.” They said the venue for the two tax counts and any other tax offenses would be in federal court in Washington, D.C., or the Central District of California.

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