By Allan Lengel
After seeing a plea bargain collapse in July, a federal grand jury in Delaware on Thursday indicted Hunter Biden on three felony firearm arms charges stemming from the purchase of a Colt Cobra 38SPL revolver from a gun dealer in 2018.
The charges did not include the previous tax allegations, which are likely to be coming.
The indictment, filed by special counsel David C. Weiss, alleges Biden lied on a federal gun application when he denied being an unlawful user of narcotics. Another charge alleges that during an 11-day stretch from Oct. 12-23 in 2018, he possessed a firearm while knowing he was an unlawful user of drugs.
Reactions were mixed, with some applauding the tougher charges, but saying that wanted to see more. Meanwhile, some former federal prosecutors called it unfair to Biden.
Specifically, he is charged with making a false statement in the purchase of a firearm, making a false statement related to information required to be kept by a Federal Firearms Licensed Dealer, and possession of a firearm by a person who is an unlawful user of or addicted to a controlled substance.
The three counts collectively carry a maximum penalty of 25 years. Conversely, he could try negotiating the charges down to a misdemeanor and possibly get probation, as he was expected to get in collapsed plea deal.
His lawyers and supporters have argued all along that prosecutors rarely charge someone in this type of gun case unless it is tied to a more serious crime.
Here’s what some notable people had to say on X, formerly Twitter:
Harry Litman, a former U.S. Attorney and ex-deputy assistant Attorney General, and current commentator on MSNBC, called it a raw deal, and questioned what had changed since the original plea deal.
“By ‘freestanding’ charge, I mean a case based only on lies on the form. DOJ rarely if ever brings unless the D uses gun to commit another crime or another compelling reason. Biden has gun 11 days, girlfriend throws it away. I doubt (Weiss) can come up w/ a single analogous case.”
Republican Rep. James Comer wrote:
“Today’s charges against Hunter Biden are a very small start, but unless U.S. Attorney Weiss investigates everyone involved in the fraud schemes and influence peddling, it will be clear President Biden’s DOJ is protecting Hunter Biden and the big guy.”
Andrew Weissmann, a former prosecutor who worked on the Mueller investigation stated:
“Big legal picture re new Hunter Biden charges: erratic Special Counsel Weiss judgment is on display here. To go from agreeing to defer prosecution on these charges, to bringing three very legally and factually tenuous charges needs explanation. Expect lots of defense challenges.”
Republican Rep. Marjorie Taylor Greene:
“BREAKING: Hunter Biden has been indicted for three counts of federal gun charges But where are the indictments for tax fraud, FARA abuse, money laundering, and sex trafficking???”
Joe Walsh, former Republican Congressman and host of “White Flag with Joe Walsh:”
“I’m no fan of Hunter Biden. But he just got indicted for something legal experts say people just don’t get indicted for. Sound like he got indicted because his last name is ‘Biden.’”