Special counsel indicts Hunter Biden

By Aditi Sangal, Elise Hammond and Tori B. Powell, CNN

Updated 8:52 p.m. ET, September 14, 2023
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2:13 p.m. ET, September 14, 2023

Hunter Biden could face prison time and fines if convicted on gun charges

From CNN's Marshall Cohen

If convicted on all counts, Hunter Biden could theoretically face as much as 25 years in prison and fines of up to $750,000, according to court filings. However, defendants very rarely get the maximum penalty, especially in cases like these, involving non-violent crimes and an alleged first-time offender.

The three-count indictment was handed up Thursday by a federal grand jury in Delaware, according to court filings. 

  • Count One accuses Hunter Biden of lying on an ATF form when he bought the gun, by falsely swearing that he wasn’t addicted to illegal drugs or using illegal drugs. It’s a crime to knowingly make a false stamen to the federal government. 
  • Count Two accuses Hunter Biden of lying to the federally licensed gun dealer in Wilmington where he bought the gun. The alleged lie was related to the same sworn statement on the ATF form. 
  • Count Three accuses Hunter Biden of illegally possessing the gun while using drugs or being addicted to drugs, which is a federal crime. He possessed the gun for 11 days in 2018.
2:08 p.m. ET, September 14, 2023

Hunter Biden summoned to court for initial appearance but date is not yet set

From CNN's Paula Reid and Hannah Rabinowitz

Court filings show that a summons was issued Thursday for Hunter Biden to appear in court for an initial appearance on the special counsel charges, though it is unclear when and where the initial appearance would take place. 

Hunter Biden is currently in California, a source familiar told CNN, adding that any plan for a self-surrender or initial appearance, including the date and location, still needs be worked out.

2:05 p.m. ET, September 14, 2023

White House refers questions on indictment to Justice Department and Hunter Biden’s personal attorneys

From DJ Judd and Kayla Tausche

The White House was asked Wednesday for comment on the news that special counsel David Weiss has indicted Hunter Biden on gun charges.

A spokesperson referred questions to the Justice Department and Hunter Biden’s personal representatives, “given this is an independent investigation.”

 

1:48 p.m. ET, September 14, 2023

Hunter Biden's gun-related legal troubles are rooted in a 2018 revolver purchase

From CNN's Kara Scannell, Marshall Cohen, Annie Grayer and Alayna Treene

Hunter Biden walks to the motorcade after arriving at Fort McNair, after President Joe Biden spent the weekend at Camp David, in Washington, DC, on July 4, 2023.
Hunter Biden walks to the motorcade after arriving at Fort McNair, after President Joe Biden spent the weekend at Camp David, in Washington, DC, on July 4, 2023. Julia Nikhinson/Reuters/File

Hunter Biden’s gun-related legal troubles relate to a firearm he purchased in October 2018.

While buying a revolver at Delaware gun shop, he lied on a federal form when he swore that he was not using, and was not addicted to, any illegal drugs – even though he was struggling with crack cocaine addiction at the time of the purchase.

It’s a federal crime to lie on that ATF form or to possess a firearm as a drug user. (Hunter Biden possessed the gun for about 11 days in 2018.) Prosecutors have previously said the statute of limitations for some of these offenses is set to expire in October.

Special counsel David Weiss has been leading the Hunter Biden investigation since late 2018. Over the years, his team investigated potential felony tax evasion, illegal foreign lobbying, money laundering and other matters, largely tied to Hunter Biden’s overseas business deals.

1:51 p.m. ET, September 14, 2023

Read the indictment against Hunter Biden

From CNN staff

President Joe Biden’s son, Hunter Biden, has been indicted by special counsel David Weiss on gun charges.

Read the full document below:

1:37 p.m. ET, September 14, 2023

JUST IN: Hunter Biden charged in gun case 

From CNN's Marshall Cohen, Kara Scannell and Hannah Rabinowitz

Special counsel David Weiss has indicted President Joe Biden’s son, Hunter Biden, in connection with a gun he purchased in 2018. 

The charges include making false statements on federal firearms form and possession of a firearm as a prohibited person.  

Hunter Biden had previously reached a deal with Weiss to resolve the matter without charges, but that deal collapsed over the summer amid scrutiny from a federal judge and after a related tax deal unraveled. Weiss said in court filings last week that an indictment in the gun case was coming soon. 

This is the first time in US history that the Justice Department has filed charges against the son of a sitting president.

1:33 p.m. ET, September 14, 2023

Prosecutor David Weiss was granted special counsel status last month after plea deal collapsed

From CNN's Marshall Cohen, Hannah Rabinowitz and Devan Cole

US Attorney David Weiss speaks during a press conference on May 3, 2018, at his district office in Wilmington, Delaware.
US Attorney David Weiss speaks during a press conference on May 3, 2018, at his district office in Wilmington, Delaware. Suchat Pederson/The News Journal/AP

David Weiss, the Trump-appointed US attorney who has been investigating Hunter Biden, was given special counsel status just over a month ago.

The special counsel designation, which gave Weiss more powers than a typical US attorney, came after plea talks between the Justice Department and the president’s son fell apart.

In a two-pronged agreement, Hunter Biden planned to plead guilty to two tax misdemeanors and prosecutors would drop a separate felony gun charge in two years if he stayed out of legal trouble and passed drug tests. Federal prosecutors also agreed to recommend probation, and no jail time, for Hunter Biden.

But at a court hearing in July, the deal nearly collapsed under scrutiny from the federal judge overseeing the case. District Judge Maryellen Noreika said the intertwined deals to resolve the tax and gun charges were “confusing,” “not straightforward,” “atypical” and “unprecedented.”

“After the hearing, the parties continued negotiating but reached an impasse,” prosecutors wrote. “A trial is therefore in order.”

By naming Weiss as a special counsel, Garland gave him further independence from the Justice Department as he embarks on an unprecedented trial against the son of the sitting president, and as Republicans claim the department is politicized.

A senior Justice Department official said Weiss will write a report, which the attorney general is expected to publicly release when the probe is over.