By Steve Neavling
President Biden’s announcement on Sunday of a pardon for his son, Hunter Biden, included a striking accusation: that the gun and tax charges against him were the result of political pressure rather than impartial justice.
“It is clear that Hunter was treated differently,” the president wrote. “The charges in his cases came about only after several of my political opponents in Congress instigated them to attack me and oppose my election.”
The accusation, previously made by the Bidens and their supporters since mid-2023, targets officials within Biden’s own Justice Department, The New York Times reports. The claims surfaced after a plea deal granting Hunter Biden broad immunity fell apart, leading to his indictments and the possibility of significant prison time.
Eric Holder, former attorney general under the Obama administration, weighed in following the pardon announcement. In a social media post, Holder argued that no U.S. attorney “would have charged this case given the underlying facts” and that “Had his name been Joe Smith, the resolution would have been — fundamentally and more fairly — a declination” to prosecute.
Federal prosecutors generally have broad discretion in deciding whether to bring charges, pursue agreements, or drop cases altogether, even when evidence of criminality exists. However, Hunter Biden’s gun charges were notable. Cases like his — involving a first-time, nonviolent offender accused of lying on a federal firearms application without using the gun in a crime — rarely result in serious prison time. He possessed the gun, a Colt Cobra .38, for less than two weeks, five years ago.
According to a former law enforcement official, the ATF initially believed Hunter Biden’s case would likely have been dropped if not for his high profile. The absence of a crime involving the gun and his efforts toward sobriety were cited as mitigating factors.
Hunter Biden’s tax case, tied to a lengthy investigation into his foreign business dealings and spending, is less clear-cut. While such cases are common, his lawyers argued that paying his back taxes and penalties should have resolved the matter without a trial.
Justice Department officials, however, firmly denied that politics influenced the cases. In a court filing on Monday, special counsel David C. Weiss rejected President Biden’s assertions, stating there was “never any evidence of vindictive or selective prosecution in this case.” Weiss emphasized that judges in both cases had dismissed such “baseless claims” of political motivation.
