In October 2022, even the Washington Post reported that federal prosecutors likely had enough evidence to charge President Biden’s son Hunter Biden with both gun and tax charges. Attorney General Merrick Garland has promised Congress that the U.S. Attorney for Delaware who had been appointed for President Trump had “full authority” to prosecute Hunter. Yet nearly a half-year later, no charges have been brought.
Just this month, AG Garland admitted that he would need to “authorize” any prosecution of Hunter Biden, but he assured Congress that he would do so if asked. If AG Garland would need to “authorize” the prosecution of the son of the President who appointed him, and to whom he reports, doesn’t that sound like a conflict of interest?
This is certainly not the first time the Justice Department lawyers have found themselves in a compromising position when asked to investigate the potential criminal actions of a President, a Vice President, or their family members. A procedure exists to handle such a situation — the appointment of a Special Counsel. A federal regulation, 28 C.F.R. § 600.1, requires: “The Attorney General, or in cases in which the Attorney General is recused, the Acting Attorney General will appoint a Special Counsel when he or she determines that criminal investigation… is warranted, and [that] investigation or prosecution…would present a conflict of interest for the Department….” (Emphasis added.)
As to the gun charges, Hunter Biden asserted on a federal firearms purchase form (ATF 4473) that he was not currently using illegal drugs, when, in fact, he was doing so, which he seems to have admitted. By denying use of illegal drugs, Hunter Biden was able to obtain a gun that would have been illegal for him to purchase had he provided true information. A false answer on that ATF form is the basis for a felony charge.
As to the tax charges, the problem stems from reports that Hunter Biden failed to report income he received from foreign sources on his federal income tax return.
And Hunter is not the only member of the Biden family under federal investigation. The president’s brother, James Biden, is also the target of a federal investigation. James Biden is alleged to have made a half-million dollars in loans to himself from the now-defunct Americore Health hospital business, which have not been repaid.
On October 17, 2022, Senator Chuck Grassley (R-IA) sent a letter to AG Garland, FBI Director Christopher Wray, and Delaware U.S. Attorney David Weiss, alleging that FBI whistleblowers had uncovered evidence of “significant, impactful and voluminous evidence with respect to potential criminal conduct by Hunter Biden and James Biden.” Grassley attached a contract to his letter indicating $5 million was to be paid from the Chinese government-connected company to Hunter and James Biden for work done while Joe Biden was Vice President.
Despite the seriousness of these charges, and unlike the DOJ’s investigation of President Trump, thus far, the DOJ has flatly refused to appoint a Special Counsel to investigate the Bidens. On September 16, 2022, Senators John Cornyn (R-TX), Mitch McConnell (R-KY), Grassley and 27 others wrote a letter to Garland demanding that Weiss be given special counsel powers. But other Senators wonder if giving U.S. Attorney Weiss Special Counsel status would solve the problem, as it was Weiss who decided to pause a criminal investigation of Hunter Biden months before the 2020 election.
Congressman Jim Jordan (R-OH), Chairman of the House Judiciary Committee, also called out the DOJ’s special counsel double standard. He wrote to AG Garland questioning why “you have declined to appoint a special counsel in this matter, despite appointing special counsels in other investigations. Your refusal to appoint a special counsel here is conspicuous in this context.”
As recently as October 12, 2022, when confronted by the fact his son may be indicted, President Biden doubled down, telling CNN: “I’m proud of my son.” While that may be a natural, human response, it provides even more reason for AG Garland to appoint a truly independent Special Counsel.
If AG Garland, a U.S. Attorney, and other DOJ lawyers are allowed to stall and allow the statute of limitations on Biden family crimes to run out, there will be little reason for Americans to trust anything that federal prosecutors say, and we can expect more and more juries to simply acquit anyone charged with a crime by the Biden “Justice” Department.