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Hunter Biden.
Hunter Biden. Photograph: Elizabeth Frantz/Reuters
Hunter Biden. Photograph: Elizabeth Frantz/Reuters

What to know about the Hunter Biden investigation and what it means

This article is more than 10 months old

The case has already resulted in a political uproar as Republicans express outrage over plea deal

Hunter Biden, the son of Joe Biden, will plead guilty to two counts of misdemeanor tax crimes and accept a deal with prosecutors related to a separate illegal firearm possession charge. The charges and plea deal, which authorities announced in a court filing on Tuesday, will end a five-year criminal investigation into Biden.

The case has already resulted in a political uproar as Republicans, fresh off Donald Trump’s second criminal indictment, express outrage over the plea deal and appear eager to redirect public attention to Hunter Biden. The agreement between 53-year-old Biden and authorities will likely mean he avoids any jail time, as well as set up a frequent talking point for the 2024 presidential election.

Here is a breakdown of the charges against Hunter Biden:

What is the Hunter Biden investigation?

The justice department has been looking into Hunter Biden’s personal and business dealings for years, launching an investigation into him as far back as 2018. Hunter Biden issued a statement in 2020 acknowledging that the US attorney’s office in Delaware informed his legal counsel that investigators were looking into his tax affairs, while stating he was confident he handled his affairs “legally and appropriately”.

The investigation, which was led by Trump-appointed US attorney for Delaware David Weiss, looked into a range of Biden’s activities that included his role in foreign businesses – such as his seat on the board of Ukrainian energy company Burisma, a frequent source of rightwing criticism. Investigators interviewed witnesses and looked through financial documents, with the probe looming in the background for years.

Ultimately the investigation narrowed down to two main issues: Biden’s failure to pay income taxes on time and a charge related to lying on a firearm application form. Prosecutors charged Biden on 20 June, while simultaneously announcing that he would enter a plea deal that will likely not result in jail time.

What are the tax charges against Hunter Biden?

Biden pleaded guilty to two counts of wilful failure to pay federal income tax. The two misdemeanor charges relate to Biden failing to pay taxes for the years 2017 and 2018, according to a statement from Weiss’s office, despite owing more than $100,000 each year. (He paid these back taxes in 2021, following the opening of the investigation.)

What is the gun charge against Hunter Biden?

Investigators also charged Biden with one count of illegally possessing a firearm, stating that he violated a law that prohibits people who use or are addicted to controlled substances from owning a gun. Biden has publicly detailed his struggles with substance abuse, including alcohol and crack cocaine, while explicit photos of him on drugs have circulated for years. He stated on a handgun application in 2018 that he was not using drugs, according to the New York Times, which prosecutors allege was a lie.

Biden will not plead guilty to the firearm charge, but instead will enter into a Pretrial Diversion Agreement that typically means an individual avoids prosecution if they meet certain conditions.

What are the political implications of the Hunter Biden charges?

The charges against Hunter Biden, and the plea deal will mean he likely avoids any jail time, have immediately riled up Republicans who have long made unsubstantiated accusations that the president’s son is part of an international criminal conspiracy. Almost immediately after the charges were announced, numerous Republican lawmakers and rightwing commentators criticized the justice department for not seeking harsher punishment for Biden.

Former president Donald Trump posted on his Truth Social network that the plea deal was the work of the “corrupt Biden DOJ” and was a “traffic ticket”. The House Oversight Committee chairman, James Comer, who is leading Republican lawmakers’ separate inquiry into Hunter Biden, alleged: “Biden is getting away with a slap on the wrist” and vowed to continue his committee’s investigation. Ohio Republican congressman Jim Jordan simply tweeted: “DOUBLE STANDARD OF JUSTICE.”

Republicans have long attempted to use Hunter Biden as a counterpoint to the various criminal investigations facing Trump, claiming that the Biden administration is somehow covering up the president’s son’s crimes or engaging in corruption. The charges against Hunter Biden also notably come one week after Trump was arraigned in a Florida courthouse after facing a 37-count indictment related to his handling of classified documents. Unlike Biden, who has never held public office and faced misdemeanor charges, the more serious felony counts against Trump could carry significant jail time and complicate his 2024 presidential election campaign.

How has the president responded to his son’s plea deal?

Meanwhile, the White House on Tuesday issued a brief statement through a spokesperson on the charges against Biden. “The President and First Lady love their son and support him as he continues to rebuild his life. We will have no further comment,” the statement said. The Biden administration has been preparing for possible charges against the president’s son for months, as Republicans appear intent to once again make Hunter Biden a focal point during the election.

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