12 Aug 2023

Special counsel to investigate President Biden's son Hunter

2:07 pm on 12 August 2023
(FILES) US President Joe Biden, with son Hunter Biden, arrives at Hancock Field Air National Guard Base in Syracuse, New York, on February 4, 2023. The US Justice Department on Friday escalated its investigation into President Joe Biden's son Hunter, naming a special counsel amid allegations he engaged in illicit business deals overseas.
Attorney General Merrick Garland appointed Delaware federal prosecutor David Weiss, who recently investigated Hunter Biden on tax and gun charges in a case that remains open. Weiss, who opened his probe in 2019, recently revealed that he was investigating Biden along other lines, and Garland said Weiss had requested special counsel status to be able to pursue his probe more widely. (Photo by ANDREW CABALLERO-REYNOLDS / AFP)

US President Joe Biden, with son Hunter Biden, arrives at Hancock Field Air National Guard Base in Syracuse, New York, on February 4, 2023. The US Justice Department on Friday escalated its investigation into President Joe Biden's son Hunter, naming a special counsel amid allegations he engaged in illicit business deals overseas. Photo: ANDREW CABALLERO-REYNOLDS / AFP

By Brandon Drenon for the BBC.

US President Joe Biden's son Hunter will now be investigated by a special counsel with additional powers, the US attorney general has announced.

Merrick Garland has elevated the status of David Weiss, the federal prosecutor who has already filed criminal charges in the case.

A plea deal on tax and gun charges against the president's son collapsed earlier this month.

Republicans are pushing for an inquiry into Hunter Biden's business dealings.

In a surprise announcement at the Department of Justice on Friday, Garland explained that he was making the move after a request by Mr Weiss earlier this week.

The new designation will provide the prosecutor with extra resources to pursue the investigation and to potentially bring further charges beyond the state of Delaware.

Garland said the special counsel would produce a report when his work was done, and that the justice department would make as much of it public as was possible.

"The appointment of Mr Weiss reinforces for the American people the department's commitment to both independence and accountability in particularly sensitive matters," Garland said at a news conference.

Hunter Biden's lawyer, Chris Clark, responded in a statement: "We are confident when all of these manoeuvrings are at an end my client will have resolution and will be moving on with his life successfully."

Clark pointed out that the investigation has already gone on for five years.

Weiss was appointed by former President Donald Trump to become the US attorney in Delaware in 2018. Not long after, in 2019, he opened an investigation into allegations of criminal conduct by Hunter Biden.

Hunter Biden has since been charged with two misdemeanour tax offences for allegedly not paying income taxes in 2017 and 2018, years in which he earned in excess of US$1.5m, according to the US Attorney's Office in Delaware.

He faces an additional felony charge for allegedly possessing a firearm while addicted to and using illegal drugs.

Hunter Biden had previously reached a deal with prosecutors to plead guilty to the tax charges and admit the gun offence to spare himself prison time.

However, US District Court Judge Maryellen Noreika squashed the deal due to "non standard terms" and the "unusual" nature of the proposed resolution for the gun charge.

Since then, Hunter Biden and prosecutors have engaged in further plea negotiations but remain at an impasse. In a court filing on Friday, Weiss's team said they now expect the case to go to trial - and could potentially file new, more serious charges in Washington DC or California.

WASHINGTON, DC - AUGUST 11: U.S. Attorney General Merrick Garland delivers a statement at the U.S. Department of Justice August 11, 2022 in Washington, DC. Garland addressed the FBI's recent search of former President Donald Trump's Mar-a-Lago residence, announcing the Justice Department has filed a motion to unseal the search warrant as well as a property receipt for what was taken.   Drew Angerer/Getty Images/AFP (Photo by Drew Angerer / GETTY IMAGES NORTH AMERICA / Getty Images via AFP)

US Attorney General Merrick Garland Photo: AFP

Republicans want to see the younger Biden further criminally charged, along with the president. They allege that Biden has profited from his son's business dealings in Ukraine and China.

House of Representatives Speaker Kevin McCarthy said that the Republican-controlled chamber will continue to investigate the president and his son regardless of the special counsel announcement.

He echoed concern expressed by other Republicans that Weiss's inquiry has been insufficiently aggressive.

Other Republicans have wondered whether the attempt to move the trial out of Delaware, where it had been overseen by Trump-appointed Noreika, was an attempt to find a legal venue more friendly to the Bidens.

The White House called the allegations "insane conspiracy theories" and rejected the assertion that Biden has participated in his son's business affairs.

Weiss has conducted a years-long investigation into the matter. So far, he has not found any evidence that Hunter Biden's business dealings have benefited from his father's presidential status.

The special counsel announcement - and the possibility of new charges leading to a jury trial - all but assures that the investigation into Hunter Biden will stretch on well into the 2024 presidential election season, if not past election day itself. It will continue to be a distraction for White House officials who had until recently hoped that the issue was approaching a resolution.

But Friday's announcement may also defuse some of the conservative claims that there are two standards of justice in the US - one for Republicans and one for the Bidens.

- This story was first published by the BBC.

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