The indictment of Hunter Biden isn’t really about gun charges

“The indictment is brief because the underlying situation is quite simple. When Hunter bought the gun, he filled out a form saying he was not a drug user, when in fact he had a serious addiction at that time. Prosecutors assert that this violated three different laws — two false statements laws, and one law banning firearm possession by a drug user.

But the legal and political saga surrounding the indictment is much more complicated. Initially, prosecutors weren’t going to charge Hunter in the gun case at all. They did so only after the lead prosecutor, David Weiss, shifted to a more aggressive posture after a plea deal he’d struck with Hunter’s team fell apart. The question is why, exactly, that plea deal fell apart.

The Hunter Biden investigation has had about as messy a year as could be imagined. In May, two IRS officials involved in the probe went to Congress as whistleblowers to argue that Weiss’s team wasn’t being aggressive enough. In July, Weiss’s team presented their plea deal with Hunter before a judge — who refused to accept it, telling both sides to clarify some of its provisions after a dramatic public hearing.

Then, in August, talks between Weiss’s team and Hunter’s attorneys to finalize that deal collapsed. Hunter’s team has claimed that Weiss tried to belatedly change the deal’s terms on them — offering Hunter much more limited immunity from prosecution — after criticism from Republicans that he wasn’t being tough enough on the president’s son.

Whatever the reason for Weiss’s shift, there’s likely more to come from him. Last month, Weiss, who is the US Attorney for Delaware, requested that Attorney General Merrick Garland grant him special counsel status as well, and Garland agreed. Weiss has suggested in court filings that he intends to charge Hunter with tax crimes as well.”

“The decision to charge here is not because this gun incident suddenly became more serious. It’s because prosecutors have now decided to go after Hunter more aggressively, after the political pressure and the plea deal’s collapse.

There’s nothing unusual about prosecutors charging more crimes after a plea deal falls apart. The mystery here remains why, exactly, the plea deal fell apart. If the main reason is simply that, due to political pressure from Republicans and embarrassment over the IRS officials’ claims, Weiss’s team got cold feet on a deal they’d agreed to — that wouldn’t make them look so great.

If the main reason is instead that, due to confusion or incompetence on his team, he belatedly concluded the initial deal with Hunter had been far too generous — well, that wouldn’t make him look so great either.”

https://www.vox.com/politics/2023/9/14/23873922/hunter-biden-indictment-gun-david-weiss

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