Category: DOJ

Special counsel asks Supreme Court to rule quickly whether former President Trump can be prosecuted

Posted on by Associated Press

 Special counsel Jack Smith on Monday asked the Supreme Court to take up and rule quickly on whether former President Donald Trump can be prosecuted on charges he plotted to overturn the 2020 election results.

A federal judge ruled the case could go forward, but Trump, 2024 Republican presidential primary front-runner, signaled he would ask the federal appeals court in Washington to reverse that outcome.

Smith is attempting to bypass the appeals court. The request filed Monday for the Supreme Court to take up the matter directly reflects Smith’s desire to keep the trial, currently set for March 4, on track and to prevent any delays that could push back the case until after next year’s presidential election.

“This case presents a fundamental question at the heart of our democracy: whether a former President is absolutely immune from federal prosecution for crimes committed while in office or is constitutionally protected from federal prosecution when he has been impeached but not convicted before the criminal proceedings begin,” prosecutors wrote.

The earliest the court would consider the appeal would be Jan. 5, 2024, the date of the justices' next scheduled private conference.

Underscoring the urgency for prosecutors in securing a quick resolution that can push the case forward, they wrote: “It is of imperative public importance that respondent’s claims of immunity be resolved by this Court and that respondent’s trial proceed as promptly as possible if his claim of immunity is rejected.”

At issue is a Dec. 1 ruling from U.S. District Judge Tanya Chutkan that rejected arguments by Trump’s lawyers that he was immune from federal prosecution. In her order, Chutkan, who was appointed by President Barack Obama, wrote that the office of the president “does not confer a lifelong ‘get-out-of-jail-free’ pass.”

“Former Presidents enjoy no special conditions on their federal criminal liability,” Chutkan wrote. “Defendant may be subject to federal investigation, indictment, prosecution, conviction, and punishment for any criminal acts undertaken while in office."

If the justices get involved, they would have an opportunity to rule for the first time ever on whether ex-presidents enjoy immunity from prosecution. Justice Department policy prohibits the indictment of a sitting president. Though there’s no such bar against prosecution for a former commander in chief, lawyers for Trump say that he cannot be charged for actions that fell within his official duties as president — a claim that prosecutors have vigorously rejected.

Smith’s team stressed that if the court did not expedite the matter, there would not be an opportunity to consider and resolve the question in the current term.

“The United States recognizes that this is an extraordinary request. This is an extraordinary case,” prosecutors wrote. “The Court should grant certiorari and set a briefing schedule that would permit this case to be argued and resolved as promptly as possible.”

Prosecutors are also asking the court to take up Trump’s claim, also already rejected by Chutkan, that he cannot be prosecuted in court for conduct for which he was was already impeached — and acquitted — before Congress.

Trump faces charges accusing him of working to overturn the results of the 2020 election he lost to Democrat Joe Biden before the violent riot by his supporters at the U.S. Capitol. He has denied any wrongdoing.

A Supreme Court case usually lasts several months, from the time the justices agree to hear it until a final decision. Smith is asking the court to move with unusual, but not unprecedented, speed.

Nearly 50 years ago, the justices acted within two months of being asked to force President Richard Nixon to turn over Oval Office recordings in the Watergate scandal. The tapes were then used later in 1974 in the corruption prosecutions of Nixon's former aides.

It took the high court just a few days to effectively decide the 2000 presidential election for Republican George W. Bush over Democrat Al Gore.

Editor’s note: Updates with more details from filing, adds background on speedy Supreme Court actions, Judge Chutkan. Adds hyperlinks to stories about rulings in the Trump election case in Washington, Trump being impeached but not convicted, the Watergate scandal.

Campaign Action

Hunter Biden is indicted on 9 tax charges, adding to gun charges in a special counsel investigation

Posted on by Associated Press

 Hunter Biden was indicted on nine tax charges in California as a special counsel investigation into the business dealings of President Joe Biden's son intensifies against the backdrop of the 2024 election.

The new charges filed Thursday — three felonies and six misdemeanors — are in addition to federal firearms charges in Delaware alleging Hunter Biden broke laws against drug users having guns in 2018. They come after the implosion of a plea deal over the summer that would have spared him jail time, putting the case on track to a possible trial as his father campaigns for reelection.

Hunter Biden “spent millions of dollars on an extravagant lifestyle rather than paying his tax bills,” special counsel David Weiss said in a statement. The charges are centered on at least $1.4 million in taxes Hunter Biden owed during between 2016 and 2019, a period where he has acknowledged struggling with addiction. The back taxes have since been paid.

If convicted, Hunter Biden, 53, could a maximum of 17 years in prison. The special counsel probe remains open, Weiss said.

In a fiery response, defense attorney Abbe Lowell accused Weiss of “bowing to Republican pressure" in the case.

“Based on the facts and the law, if Hunter’s last name was anything other than Biden, the charges in Delaware, and now California, would not have been brought," Lowell said in a statement.

The White House declined to comment on Thursday’s indictment, referring questions to the Justice Department or Hunter Biden’s personal representatives.

The charging documents filed in California, where he lives, detail spending on drugs, strippers, luxury hotels and exotic cars, “in short, everything but his taxes," prosecutor Leo Wise wrote.

The indictment comes as congressional Republicans pursue an impeachment inquiry into President Biden, claiming he was engaged in an influence-peddling scheme with his son. The House is expected to vote next week on formally authorizing the inquiry.

No evidence has emerged so far to prove that Joe Biden, in his current or previous office, abused his role or accepted bribes, though questions have arisen about the ethics surrounding the Biden family’s international business.

The separate, long-running criminal investigation into Hunter Biden had been expected to wind down with a plea deal where he would have gotten two years' probation after pleading guilty to misdemeanor tax charges and avoided prosecution on the gun charge if he stayed out of trouble.

The agreement was pilloried as a “sweetheart deal” by Republicans, including former President Donald Trump. Trump is facing his own criminal cases, including charges that he plotted to overturn the results of the 2020 election, which he lost to Biden, a Democrat.

Rep. James Comer, R-Ky., the chairman of the House Oversight Committee, gave credit for the new charges Thursday to two IRS investigators who testified before Congress that the Justice Department had mishandled and “slow walked” the investigation into the president's son. Justice officials have denied those allegations.

The two IRS employees, Gary Shapley and Joseph Ziegler, said the indictment was “a complete vindication of our thorough investigation.”

The new charges against Hunter Biden include filing a false return and tax evasion felonies, as well as misdemeanor failure to file and failure to pay.

The defense signaled that it plans to fight the new charges, likely at least in part relying on immunity provisions from the original plea deal. Defense attorneys have argued those remain in force since that part of the agreement was signed by a prosecutor before the deal was scrapped.

Prosecutors have disagreed, pointing out the documents weren’t signed by a judge and are invalid.

Lowell said he's also planning to push for dismissal of the gun charges next week, calling them “unprecedented and unconstitutional."

The three federal gun charges filed in Delaware allege Hunter Biden had lied about his drug use to buy a gun that he kept for 11 days in 2018. Federal law bans gun possession by “habitual drug users,” though the measure is seldom seen as a stand-alone charge and has been called into question by a federal appeals court.

Hunter Biden’s longstanding struggle with substance abuse worsened after the death of his brother Beau Biden in 2015, according to court documents and his memoir “Beautiful Things," which ends with him getting clean in 2019.

His gross income nevertheless totaled some $7 million between 2016 and 2020, prosecutors said, pointing to his roles on the board of the Ukrainian energy company Burisma and a Chinese private equity fund as well as his position at a law firm.

Hunter did eventually file his taxes in 2020, while facing a child support case in Arkansas, and the back taxes were paid by a “third party,” prosecutors have said in court documents.

Campaign Action

Hunter Biden is indicted on 9 tax charges, adding to gun charges in a special counsel investigation

Posted on by Associated Press

 Hunter Biden was indicted on nine tax charges in California as a special counsel investigation into the business dealings of President Joe Biden's son intensifies against the backdrop of the 2024 election.

The new charges filed Thursday — three felonies and six misdemeanors — are in addition to federal firearms charges in Delaware alleging Hunter Biden broke laws against drug users having guns in 2018. They come after the implosion of a plea deal over the summer that would have spared him jail time, putting the case on track to a possible trial as his father campaigns for reelection.

Hunter Biden “spent millions of dollars on an extravagant lifestyle rather than paying his tax bills,” special counsel David Weiss said in a statement. The charges are centered on at least $1.4 million in taxes Hunter Biden owed during between 2016 and 2019, a period where he has acknowledged struggling with addiction. The back taxes have since been paid.

If convicted, Hunter Biden, 53, could a maximum of 17 years in prison. The special counsel probe remains open, Weiss said.

In a fiery response, defense attorney Abbe Lowell accused Weiss of “bowing to Republican pressure" in the case.

“Based on the facts and the law, if Hunter’s last name was anything other than Biden, the charges in Delaware, and now California, would not have been brought," Lowell said in a statement.

The White House declined to comment on Thursday’s indictment, referring questions to the Justice Department or Hunter Biden’s personal representatives.

The charging documents filed in California, where he lives, detail spending on drugs, strippers, luxury hotels and exotic cars, “in short, everything but his taxes," prosecutor Leo Wise wrote.

The indictment comes as congressional Republicans pursue an impeachment inquiry into President Biden, claiming he was engaged in an influence-peddling scheme with his son. The House is expected to vote next week on formally authorizing the inquiry.

No evidence has emerged so far to prove that Joe Biden, in his current or previous office, abused his role or accepted bribes, though questions have arisen about the ethics surrounding the Biden family’s international business.

The separate, long-running criminal investigation into Hunter Biden had been expected to wind down with a plea deal where he would have gotten two years' probation after pleading guilty to misdemeanor tax charges and avoided prosecution on the gun charge if he stayed out of trouble.

The agreement was pilloried as a “sweetheart deal” by Republicans, including former President Donald Trump. Trump is facing his own criminal cases, including charges that he plotted to overturn the results of the 2020 election, which he lost to Biden, a Democrat.

Rep. James Comer, R-Ky., the chairman of the House Oversight Committee, gave credit for the new charges Thursday to two IRS investigators who testified before Congress that the Justice Department had mishandled and “slow walked” the investigation into the president's son. Justice officials have denied those allegations.

The two IRS employees, Gary Shapley and Joseph Ziegler, said the indictment was “a complete vindication of our thorough investigation.”

The new charges against Hunter Biden include filing a false return and tax evasion felonies, as well as misdemeanor failure to file and failure to pay.

The defense signaled that it plans to fight the new charges, likely at least in part relying on immunity provisions from the original plea deal. Defense attorneys have argued those remain in force since that part of the agreement was signed by a prosecutor before the deal was scrapped.

Prosecutors have disagreed, pointing out the documents weren’t signed by a judge and are invalid.

Lowell said he's also planning to push for dismissal of the gun charges next week, calling them “unprecedented and unconstitutional."

The three federal gun charges filed in Delaware allege Hunter Biden had lied about his drug use to buy a gun that he kept for 11 days in 2018. Federal law bans gun possession by “habitual drug users,” though the measure is seldom seen as a stand-alone charge and has been called into question by a federal appeals court.

Hunter Biden’s longstanding struggle with substance abuse worsened after the death of his brother Beau Biden in 2015, according to court documents and his memoir “Beautiful Things," which ends with him getting clean in 2019.

His gross income nevertheless totaled some $7 million between 2016 and 2020, prosecutors said, pointing to his roles on the board of the Ukrainian energy company Burisma and a Chinese private equity fund as well as his position at a law firm.

Hunter did eventually file his taxes in 2020, while facing a child support case in Arkansas, and the back taxes were paid by a “third party,” prosecutors have said in court documents.

Campaign Action

White House denounces ‘irresponsible’ subpoenas from House GOP and says they should be withdrawn

Posted on by Associated Press

The White House is firing back on a recent slate of subpoenas issued by House Republicans targeting members of President Joe Biden’s family and his inner circle of aides, describing the GOP’s impeachment push as an illegitimate endeavor that has repeatedly failed to produce proof of wrongdoing.

The four-page letter from a top White House attorney to Republican committee leaders portrays an overzealous House GOP majority that, according to the letter, has “misrepresented the facts, ignored the overwhelming evidence disproving your claims, and repeatedly shifted the rationale for your ‘inquiry.’”

It calls on Rep. James Comer, chairman of the House Oversight Committee, and House Judiciary Committee Chairman Jim Jordan to withdraw what the White House described as an “irresponsible set of subpoenas and requests for interviews.”

The White House argued that House Republicans were “improperly weaponizing the oversight powers of Congress” for political gain, and have “consistently misrepresented the documents and testimony you have received and then moved the goalposts when your claims have been debunked.”

“This pattern of distortions and falsehoods lays bare that no amount of truthful testimony or document productions will satisfy you and exposes the improper nature of your Committee’s efforts,” Richard Sauber, special counsel to the president, wrote in the letter, sent Friday to Comer and Jordan. “Congressional harassment of the President to score political points is precisely the type of conduct that the Constitution and its separation of powers was meant to prevent.”

In a long-anticipated move, Comer this month issued subpoenas to Biden’s son Hunter and brother James, insisting that the committee has found indications of “influence peddling” by members of the president’s family in their business dealings. But after nearly a year, House Republicans have yet to provide evidence that directly implicates Joe Biden in any wrongdoing.

Comer responded Friday that if the president had nothing to hide, then he should make his aides available to the committee for interviews on the classified documents probe.

“President Biden and this White House are seeking to obstruct our investigation at every turn,” Comer said. "We are not deterred by this obstruction and will continue to follow the facts and hold President Biden accountable to the American people.”

Hunter Biden’s representatives, while dismissing the subpoenas as a “political stunt,” have said he would be willing to speak to the Oversight committee “in a public forum and at the right time.” An attorney for James Biden said a subpoena was unnecessary because the committee has already reviewed private bank records and transactions between the two brothers. The records concerned two loans that took place when Biden was not in office or a candidate for president.

Sauber noted that all those targeted for subpoenas and voluntary interviews last week are private citizens, including Hallie Biden, the widow of the president’s son Beau, and Sara Biden, the president’s sister-in-law.

Earlier this week, Comer also subpoenaed former White House counsel Dana Remus and other White House aides to speak with the committee on whether Biden had mishandled classified information — an issue currently under investigation by special counsel Robert Hur.

“These requests appear to be motivated by a desire to boost your subpoena numbers, as Chairman Jordan tweeted just this week, rather than any legitimate investigative interest,” Sauber wrote. On the social media platform X, Jordan emphasized that more than 20 people had received subpoenas and interview requests on their impeachment efforts, and that there would be “more to come.”

In his letter, Sauber also stressed that the House has not authorized a formal impeachment inquiry by a vote of the full House and that new Speaker Mike Johnson — when former President Donald Trump was facing the prospect of impeachment by a Democratic-led House — said any inquiry without a House vote was a “sham.”

Campaign Action

Special counsel in the Hunter Biden case insists he was the ‘decision-maker’ in rare testimony

Posted on by Associated Press

The prosecutor overseeing the Hunter Biden investigation testified Tuesday that he had the ultimate authority in the yearslong case as he made an unprecedented appearance before Congress to rebut Republicans' explosive claims that the probe has been plagued with interference.

Weiss' interview with the House Judiciary Committee marked the first time a special counsel has ever testified to lawmakers in the middle of a probe. He agreed to the unusual appearance under heavy pressure from House Republicans, who are looking to ramp up their impeachment inquiry into President Joe Biden and his family.

In his opening statement, Weiss told lawmakers he would not answer questions that could jeopardize the investigation and would only talk about the scope of his authority. “I am, and have been, the decision-maker on this case,” he told lawmakers. “I do not, however, make these decisions in a vacuum.”

He acknowledged being required to follow Justice Department guidelines and processes as well as federal law as he carries out his investigation. But those requirements “did not interfere with my decision-making authority,” he said.

No one at the Justice Department, including U.S. attorneys or the tax division, blocked or prevented him from pursuing charges or taking other necessary steps in the investigation, Weiss said.

Lawmakers leaving the interview with Weiss described it as “tedious” and “a waste of time” as the federal prosecutor was bound by Justice Department rules that limit his ability to talk about an ongoing investigation.

“Mr. Weiss was here in incarnate, but not particularly in spirit,” Rep. Matt Gaetz, R-Fla., said during a lunch break. He added that any questions Republicans had about the investigation, Weiss would “demure and say that it was just part of his deliberative process.”

Democrats accused Republicans of trying to interfere with the Hunter Biden investigation by bringing Weiss in to testify.

“This is unprecedented. You never interrupt a prosecution with congressional hearings. This is the first time it’s ever happened,” Rep. Glenn Ivey, D-Md., said after leaving the interview. “And the fact that he can answer your questions is an obvious byproduct of that because he doesn’t want to do anything or say anything that will disrupt a criminal prosecution.”

The rare move by the Justice Department to allow Weiss' testimony before the conclusion of an investigation indicates just how seriously the department is taking accusations of interference.

The interview came after months of back-and-forth negotiations between Republicans on the Judiciary Committee and the Justice Department after lawmakers subpoenaed several investigators and attorneys involved in the Hunter Biden case.

In July, Weiss, looking to correct the record of what he and the department see as a misrepresentation of the investigation, agreed to come to Capitol Hill but only if he was able to testify in a public hearing where he could directly respond to claims of wrongdoing by Republicans.

The Justice Department remained willing to have Weiss testify publicly even after the implosion of a plea agreement with Hunter Biden that could have effectively closed the case, but said he couldn't make more than one appearance in the near term. The two parties ultimately agreed on a closed-door interview with both Democratic and Republican members and their respective staff.

The interview on Tuesday focused on testimony from an Internal Revenue Service agent who claimed that under Weiss, the investigation into the president’s son was “slow-walked” and mishandled. Weiss, who was originally appointed by then-President Donald Trump, has denied one of the more explosive allegations by saying in writing that he had the final say over the case.

And he did so again behind closed doors on Tuesday when he denied bowing to political pressure in the five-year-long investigation, saying the decisions have been based on “the facts and the law.”

“Political considerations played no part in our decision-making,” he said.

Weiss added that he did not feel the need to request special counsel status until August and when he did it was quickly granted by Attorney General Merrick Garland. Like other special counsels, he will prepare a report at the end of his investigation that’s expected to be publicly released.

Two other U.S. attorneys from Washington and California testified in recent weeks that they didn’t block Weiss from filing charges in their districts, though they declined to partner with him on it.

But the IRS whistleblower, who testified publicly over the summer, insists his testimony reflects a pattern of interference and preferential treatment in the Hunter Biden case and not just disagreement with their superiors about what investigative steps to take.

Questions about Hunter Biden’s business dealings overall have been central to a GOP-led impeachment inquiry into the president. That’s been led in part by Judiciary Committee Chairman Jim Jordan, who had a prominent role in the questioning Tuesday.

Campaign Action

Special counsel in Hunter Biden case to testify before lawmakers in ‘unprecedented step’

Posted on by Associated Press

The prosecutor overseeing the Hunter Biden investigation is expected to testify on Tuesday, marking the first time a special counsel will appear before Congress in the middle of a probe. It comes as House Republicans are aiming to ramp up their impeachment inquiry into the president and his family after weeks of stalemate.

David Weiss is set to appear for a transcribed interview before members of the House Judiciary Committee as the U.S. attorney battles Republican allegations that he did not have full authority in the yearslong case into the president's son.

“Mr. Weiss is prepared to take this unprecedented step of testifying before the conclusion of his investigation to make clear that he’s had and continues to have full authority over his investigation and to bring charges in any jurisdiction,” Wyn Hornbuckle, a spokesperson for Weiss, said in a statement Monday.

The rare move by the Justice Department to allow a special counsel or any federal prosecutor to face questioning before the conclusion of an investigation indicates just how seriously the department is taking accusations of interference.

Weiss' appearance comes after months of back-and-forth negotiations between Republicans on the Judiciary Committee and the Justice Department as lawmakers subpoenaed several investigators and attorneys involved in the Hunter Biden case.

In July, Weiss, looking to correct the record of what he and the department see as a misrepresentation of the investigation, agreed to come to Capitol Hill but only if he was able to testify in a public hearing where he could directly respond to claims of wrongdoing by Republicans.

The two parties ultimately agreed on a closed-door interview with both Democratic and Republican members and their respective staff.

The interview Tuesday is expected to focus on testimony from an Internal Revenue Service agent who claimed that under Weiss, the investigation into the president’s son was “slow-walked” and mishandled. Weiss has denied one of the more explosive allegations by saying in writing that he had the final say over the case.

Two other U.S. Attorneys from Washington and California testified in recent weeks that they didn’t block Weiss from filing charges in their districts, though they declined to partner with him on it.

But the IRS whistleblower, who testified publicly over the summer, insists his testimony reflects a pattern of interference and preferential treatment in the Hunter Biden case and not just disagreement with their superiors about what investigative steps to take.

Questions about Hunter Biden’s business dealings overall have been central to a GOP-led impeachment inquiry into the president. That’s been led in part by Judiciary Committee Chairman Jim Jordan, who is expected to have a prominent role in the questioning Tuesday.

But what information, if any, Weiss will be able to provide to Congress is unclear as under Justice Department policy and the law, he will be unable to address the specifics of his investigation.

In general, open investigations are kept under wraps to protect evidence, keep witnesses from being exposed, and avoid giving defense attorneys fodder to ultimately challenge their findings.

In the Hunter Biden case, defense attorneys have already indicated they plan to challenge the gun charges he is currently facing on several other legal fronts and suggested that prosecutors bowed to political pressure in filing those charges.

Campaign Action

Biden interviewed as part of the special counsel investigation into handling of classified documents

Posted on by Associated Press

President Joe Biden has been interviewed as part of an independent investigation into his handling of classified documents, the White House said late Monday. It's a possible sign that the investigation is nearing its end.

Special counsel Robert Hur is examining the improper retention of classified documents by Biden from his time as a U.S. senator and as vice president that were found at his Delaware home, as well as at a private office he used after his service in the Obama administration.

Biden has said he was unaware he had the documents and that " there's no there there. ”

Ian Sams, a spokesperson for the White House counsel's office, said in a statement that the voluntary interview was conducted at the White House on Sunday and Monday as Biden and his national security team grappled with their response to the surprise weekend attack on Israel by Hamas militants and as the president received some criticism for not being more visible during the crisis.

It’s not clear when Hur’s team approached Biden’s lawyers about an interview or how long they’d been negotiating. Asked on Aug. 25 if he planned to sit for an interview with the special counsel, Biden replied, “There's no such request and no such interest.”

The interview could signal that the special counsel investigation is nearing its conclusion.

In 2016, then-FBI Director James Comey announced his recommendation against criminal charges for former Secretary of State Hillary Clinton. the Democratic presidential nominee, over her handling of classified information just three days after agents interviewed her at FBI headquarters.

Investigators with Hur's office have already cast a broad net in the Biden probe, interviewing a wide range of witnesses about their knowledge of the handling of classified documents.

In his statement, Sams reiterated that Biden and the White House were cooperating. He referred any questions to the Justice Department.

“As we have said from the beginning, the President and the White House are cooperating with this investigation, and as it has been appropriate, we have provided relevant updates publicly, being as transparent as we can consistent with protecting and preserving the integrity of the investigation,” Sams said. "We would refer other questions to the Justice Department at this time.”

Attorney General Merrick Garland in January 2023 named Hur, a former U.S. attorney for Maryland, to handle the politically sensitive Justice Department inquiry in an attempt to avoid conflicts of interest.

It is one of three recent Justice Department investigations into the handling of classified documents by politically prominent figures.

The investigation into Biden is separate from special counsel Jack Smith’s probe into the handling of classified documents by former President Donald Trump after he left the White House. Smith’s team has charged Trump with illegally retaining top secret records at his Mar-a-Lago home in Florida and then obstructing government efforts to get them back. Trump has said he did nothing wrong.

No evidence has emerged to suggest that Biden engaged in comparable conduct or willfully held onto records he wasn’t supposed to have.

Questioned in January about the discovery, Biden told reporters that the documents were immediately turned over to the National Archives and the Justice Department. He said he was cooperating fully with the investigation and was “looking forward to getting this resolved quickly.”

“I think you’re going to find there’s nothing there,” he said. “There’s no there there.”

In June, the Justice Department informed former Vice President Mike Pence's legal team that it would not pursue criminal charges against him related to the discovery of classified documents at his Indiana home. The news came as Pence finalized plans to launch his campaign for the 2024 Republican presidential nomination.

About a dozen documents with classified markings were discovered at Pence’s home in January after he asked his lawyers to search his vice presidential belongings “out of an abundance of caution” after the Biden discovery. The items had been “inadvertently boxed and transported” to Pence’s home at the end of the last administration, Pence’s lawyer, Greg Jacob, wrote in a letter to the National Archives.

The FBI then discovered an additional document with classified markings at the Indiana house during its own search the following month.

Pence repeatedly had said he was unaware of the documents’ existence, but that “mistakes were made" in his handling of classified material.

It is hardly unprecedented for sitting presidents to be interviewed in criminal investigations.

President George W. Bush sat for a 70-minute interview as part of an investigation into the leak of the identify of a CIA operative. President Bill Clinton in 1998 underwent more than four hours of questioning from independent counsel Kenneth Starr before a federal grand jury.

Special counsel Robert Mueller’s team negotiated with lawyers for then-President Donald Trump for an interview but Trump never sat for one. His lawyers instead submitted answers to written questions.

Sign the petition: Denounce MAGA GOP's baseless impeachment inquiry against Biden

Hunter Biden pleads not guilty to three federal gun charges filed after his plea deal collapsed

Posted on by Associated Press

 Hunter Biden pleaded not guilty on Tuesday to three federal firearms charges filed after a plea deal imploded, putting the case on track toward a possible trial as the 2024 election looms.

His lawyer Abbe Lowell said in court he plans to file a motion to dismiss the case, challenging their constitutionality.

President Joe Biden’s son faces charges that he lied about his drug use in October 2018 on a form to buy a gun that he kept for about 11 days.

He’s acknowledged struggling with an addiction to crack cocaine during that period, but his lawyers have said he didn’t break the law. Gun charges like these are rare, and an appeals court has found the ban on drug users having guns violates the Second Amendment under new Supreme Court standards.

Hunter Biden’s attorneys are suggesting that prosecutors bowed to pressure by Republicans who have insisted the Democratic president’s son got a sweetheart deal, and that the charges were the result of political pressure.

He was indicted after the implosion this summer of his plea agreement with federal prosecutors on tax and gun charges. The deal devolved after the judge who was supposed to sign off on the agreement instead raised a series of questions about the deal. Federal prosecutors had been looking into his business dealings for five years, and the agreement would have dispensed with criminal proceedings before his father was actively campaigning for president in 2024.

Now, a special counsel has been appointed to handle the case, and there appears no easy end in sight. No new tax charges have yet been filed, but the special counsel has indicated they could come in Washington or in California, where Hunter Biden lives.

In Congress, House Republicans are seeking to link Hunter Biden’s dealings to his father’s through an impeachment inquiry. Republicans have been investigating Hunter Biden for years, since his father was Barack Obama’s vice president. While questions have arisen about the ethics surrounding the Biden family’s international business, no evidence has emerged so far to prove that Joe Biden, in his current or previous office, abused his role or accepted bribes.

The legal wrangling could spill into 2024, with Republicans eager to divert attention from the multiple criminal indictments faced by GOP primary front-runner Donald Trump, whose trials could be unfolding at the same time.

After remaining silent for years, Hunter Biden has taken a more aggressive legal stance in recent weeks, filing a series of lawsuits over the dissemination of personal information purportedly from his laptop and his tax data by whistleblower IRS agents who testified before Congress as part of the GOP probe.

The president’s son, who has not held public office, is charged with two counts of making false statements and one count of illegal gun possession, punishable by up to 25 years in prison upon conviction. Under the failed deal, he would have pleaded guilty and served probation rather than jail time on misdemeanor tax charges and avoided prosecution on a gun count if he stayed out of trouble for two years.

Defense attorneys have argued that he remains protected by an immunity provision that was part of the scuttled plea agreement, but prosecutors overseen by special counsel David Weiss disagree. Weiss also serves as U.S. attorney for Delaware and was originally appointed by Trump.

Hunter Biden had asked for Tuesday’s hearing to be conducted remotely over video feed, but U.S. Magistrate Judge Christopher Burke sided with prosecutors, saying there would be no “special treatment.”

The charges filed against Hunter Biden are a travesty

Posted on by Mark Sumner

On Thursday, Hunter Biden was formally charged with three felony violations related to his purchase of a firearm in 2018. Should he be found guilty on all three charges, President Joe Biden’s son faces up to $750,000 in fines and a potential 25 years in prison.

There is absolutely no doubt that Hunter Biden was using cocaine when he filled out an ATF firearms transaction record. There’s no doubt that he lied about this both when he filled out the form and when he affirmed to the dealer that the form was accurate. There’s no doubt that while owning the gun over a period of just 11 days, Hunter Biden was in violation of regulations against owning a firearm while addicted to illegal drugs. Biden admits to his 2018 addition in his memoir. The law extends back to any time in the last year. So … case closed.

Except that part of what makes a justice system a justice system is equal application of the laws to everyone. And what’s happening in this case is the opposite. Hunter Biden isn’t really being prosecuted for lying when he filled out a form five years ago. He’s being prosecuted for being Joe Biden’s son.

Just one year before Hunter Biden scribbled his name on that Form 4473, the General Accounting Office carried out a review of how the Bureau of Alcohol, Tobacco, Firearms and Explosives was dealing with those who lied when applying for a firearm.

Campaign Action

In that year, 112,090 were denied a gun during the application process for submitting “falsified information.” Of those, 12,710 were referred to the ATF for further investigation. And of those, the total number actually prosecuted was … 12.

That’s just 0.01% of those whose forms were rejected for providing false information. What’s more, the cases were referred for prosecution “when aggravating circumstances exist, such as violent felonies or multiple serious offenses over a short period of time.” None of those circumstances apply to Hunter Biden.

But it’s worse than those numbers might indicate. Hunter Biden was not caught lying on his form during his application. He wasn’t really caught at all. The only reason that prosecutors know about his addiction to cocaine during this period is that Hunter Biden wrote about his struggles with addiction in a 2021 memoir. So he’s being retroactively prosecuted for being honest about the difficulties he experienced and being forthright about his failures.

Biden wasn’t one of 112,090 who were singled out as lying on his form. He was one of 27 million who filled out that form and went on. Now the Department of Justice is backing up five years to charge Hunter Biden with something—for the purposes of charging Hunter Biden with something.

The recommendation of that GAO review in 2017 was that the ATF was spending too much time investigating falsified forms since follow-up prosecutions were so rare. Instead, the GAO recommended that the agency concentrate on keeping track of false information and making information about rejected forms available to local law enforcement. The DOJ concurred with GAO's recommendation.

Following the recommendations of the GAO, the number of cases referred for investigation in the year Hunter Biden made his purchase was greatly reduced, from 12,710 to just 478 referrals. That’s 0.002% of those who applied for a gun that year. But wait. It gets worse.

When The Washington Post took a look at this issue last year, they did so because the ATF and DOJ were being bombarded with tweets insisting that Hunter Biden be charged.

The controversy prompted us to request statistics from the Justice Department to determine whether someone falsely filling out the form faced much of a risk of prosecution.

It took months to obtain the data. The answer, it turns out, is no.

According to the Post, most of the cases prosecuted for lying on the form “concerned obvious instances of ‘straw buyers’” where someone was sent into a store to buy a gun for someone else who couldn’t legally purchase a gun, because they had already been convicted of a violent crime. Which seems like exactly the sort of thing the law was designed to catch in the first place.

But of all the statistics that show just how selective “justice” is being in the case of Hunter Biden, the results of a Freedom of Information request sent to Delaware for the year in which the purchase was made may be the most damning.

The provided information shows that in fiscal year 2019, only three Form 4473 cases were referred for prosecution in Delaware. The U.S. attorney for Delaware—that would be David Weiss, the same U.S. attorney in charge of the investigation into Hunter Biden—opted to prosecute none of these cases. None.

Confronted with three other cases involving the exact same charge in the same state, in the same year, Weiss decided to file no charges. But Hunter Biden is getting three charges and the possibility of 25 years.

That really is some very special justice.

Kerry talks with Drew Linzer, director of the online polling company Civiqs. Drew tells us what the polls say about voters’ feelings toward President Joe Biden and Donald Trump, and what the results would be if the two men were to, say … run against each other for president in 2024. Oh yeah, Drew polled to find out who thinks Donald Trump is guilty of the crimes he’s been indicted for, and whether or not he should see the inside of a jail cell.

Embedded Content

Prosecutors seeking new indictment for Hunter Biden before end of September

Posted on by Associated Press

Federal prosecutors plan to seek a grand jury indictment of President Joe Biden’s son Hunter before the end of the month, according to court documents filed Wednesday.

The filing came in a gun possession case in which Hunter Biden was accused of having a firearm while being a drug user, though prosecutors did not name exactly which charges they will seek. He has also been under investigation by federal prosecutors for his business dealings.

Prosecutors under U.S. Attorney for Delaware David Weiss, newly named a special counsel in the case, said they expect an indictment before Sept. 29.

Hunter Biden's lawyers, though, argued that prosecutors are barred from filing additional charges under an agreement the two sides previously reached in the gun case. It contains an immunity clause against federal prosecutions for some other potential crimes. Defense attorney Abbe Lowell said Hunter Biden has kept to the terms of the deal, including regular visits by the probation office.

“We expect a fair resolution of the sprawling, 5-year investigation into Mr. Biden that was based on the evidence and the law, not outside political pressure, and we’ll do what is necessary on behalf of Mr. Biden to achieve that,” he said in a statement.

Prosecutors have said that the gun agreement is dead along with the rest of the plea agreement that called for Hunter Biden to plead guilty to misdemeanor tax offenses. It fell apart after U.S. District Judge Maryellen Noreika raised questions about it during a court appearance in July.

The Justice Department did not have immediate comment.

News of a possible new indictment comes as House Republicans are preparing for a likely impeachment inquiry of President Biden over unsubstantiated claims that he played a role in his son’s foreign business affairs during his time as vice president.

“If you look at all the information we have been able to gather so far, it is a natural step forward that you would have to go to an impeachment inquiry,” House Speaker Kevin McCarthy, R-Calif., told Fox News recently.

The younger Biden has been the target of congressional investigations since Republicans gained control of the House in January, with lawmakers obtaining thousands of pages of financial records from various members of the Biden family through subpoenas to the Treasury Department and various financial institutions. Three powerful House committees are now pursuing several lines of inquiry related to the president and his son.

And while Republicans have sought to connect Hunter Biden’s financial affairs directly to his father, they have failed to produce evidence that the president directly participated in his son’s work, though he sometimes had dinner with Hunter Biden’s clients or said hello to them on calls.

In recent months, Republicans have also shifted their focus to delving into the Justice Department’s investigation of Hunter Biden after whistleblower testimony claimed he has received special treatment throughout the yearslong case.

Hunter Biden was charged in June with two misdemeanor crimes of failure to pay more than $100,000 in taxes from over $1.5 million in income in both 2017 and 2018. He had been expected to plead guilty in July, after he made an agreement with prosecutors, who were planning to recommend two years of probation. The case fell apart during the hearing after Noreika, who was appointed by President Donald Trump, raised multiple concerns about the specifics of the deal and her role in the proceedings.

If prosecutors file a new gun possession charge, it could run into court challenges. A federal appeals court in Louisiana ruled against the ban on gun possession by drug users last month, citing a 2022 gun ruling from the U.S. Supreme Court.

News of another indictment comes after U.S. Attorney General Merrick Garland named Weiss a special counsel, giving him broad authority to investigate and report out his findings and intensifying the investigation into the president’s son ahead of the 2024 election.

The White House Counsel’s office referred questions to Hunter Biden’s personal attorneys.