According to sources familiar with the situation, federal prosecutors believe they can charge Hunter Biden with tax evasion and making a false statement, but the US attorney in Delaware has yet to make a final decision.
According to CNN, the case against Biden narrowed earlier this year and was discussed in early summer between FBI and IRS investigators, Delaware prosecutors, and the Justice Department.
According to sources who spoke to CNN in July, the discussions included assessing the strength of the case and debating whether more work was required before deciding on charges.
According to two sources familiar with the situation, prosecutors have not yet made any charging decisions in the case and have not met since early summer to discuss the federal investigation. A decision is unlikely to be made before the midterm elections.
A source close to the situation told CNN that talks between Biden’s team and the Justice Department have been ongoing for several months, but nothing has changed in that time.
According to the Wall Street Journal, Biden’s legal team met with Justice Department prosecutors in “recent weeks” to argue against a potential case.
“As is proper and legally required, we believe the prosecutors, in this case, are diligently and thoroughly weighing not just evidence provided by agents, but also all the other witnesses in this case, including witnesses for the defense,” Chris Clark, Biden’s attorney, told the Journal in a written statement.
The Washington Post reported on Thursday that prosecutors believe they have “sufficient evidence” to charge Biden, President Joe Biden’s son, with tax evasion and making a false statement about a gun purchase, the same crimes CNN reported in July were the focus of investigators’ discussions with the Justice Department.
Multiple people familiar with the investigation previously told CNN that investigators have inquired about various aspects of Hunter Biden’s life, initially focusing on tax issues and money transfers related to business activities in China.
However, prosecutors have looked into a 2018 incident in which a firearm owned by Biden was thrown into a dumpster in Wilmington by his then-girlfriend, according to a person briefed on the matter.
Biden stated in media interviews last year that he was addicted to drugs, raising the possibility that he violated federal law when he purchased the firearm.
Federal law forbids the purchase of firearms by anyone who uses or is addicted to illegal drugs.
Nonetheless, Biden has publicly discussed his own substance abuse struggles, and some Justice Department officials have questioned whether the open discussions of his past drug use could potentially weaken their case if they brought one.
Biden has also denied any wrongdoing in his commercial activities.
He said in a statement issued by his father’s presidential transition office in late 2020, after being notified by the Delaware US attorney about the investigation, “I take this matter very seriously, but I am confident that a professional and objective review of these matters will demonstrate that I handled my affairs legally and appropriately, including with the benefit of professional tax advisors.”
Meanwhile, the President has stated repeatedly that he will not interfere with the Justice Department’s independence.
Early in his presidency, Biden decided to keep US Attorney David Weiss, an appointee of former President Donald Trump, in charge of the Delaware investigation.
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