Washington

Hunter Biden, the son of US President Joe Biden, was indicted on three criminal counts in connection with buying arms while being under the influence of cocaine.

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This is the first time that a child of a sitting US president has been criminally prosecuted.

The charges come after a bargain to plead guilty to two misdemeanour tax charges and enroll in a programme to avoid prosecution on a gun-related charge collapsed in July.

On Thursday (September 12), the prosecutors accused Hunter of making false statements related to drug use in order to acquire a firearm in 2018, the indictment filed in federal court in Delaware stated.

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They said that Hunter falsely claimed that he was "not an unlawful user of and addicted to any stimulant narcotic drug" when he purchased a Colt Cobra Special revolver at a Delaware gun store in October 2018.

US federal laws deem it a crime to lie on such documentation or possess a firearm while being a drug user.

It is still unclear when and where Biden's initial court appearance will take place.

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What are the charges?

If convicted, the 53-year-old might face a maximum penalty of 25 years in prison and fines of up to $750,000, the justice department said in a statement.

Actual sentences for federal crimes are usually less than the maximum possible penalties.

These are three counts of indictment that was handed to Hunter.

  • 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.
  • 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.

What are the defendants saying?

After the indictment, Hunter’s attorney Abbe Lowell said that the charges should not have been filed, citing the plea deal they had reached with prosecutors earlier this year.

“We believe these charges are barred by the agreement the prosecutors made with Mr Biden, the recent rulings by several federal courts that this statute is unconstitutional, and the facts that he did not violate that law, and we plan to demonstrate all of that in court,” Lowell said.

He claimed that the charges had been influenced by "Republicans' improper and partisan interference in this process".

He said his client "did not violate the law" and that his brief possession of an unloaded gun was never a threat to public safety.

"But a prosecutor, with all the power imaginable, bending to political pressure presents a grave threat to our system of justice," Lowell said.

What was the proposed bargain deal that Hunter did not accept?

The indictment charges were brought against Hunter after he did not agree to a bargain deal where he had to plead guilty to two misdemeanour counts for failing to pay his taxes on time in 2017 and 2018.

He would also have been forced to admit to illegal possession of a firearm and agree to drug treatment and monitoring to avoid a felony charge and potential imprisonment.

However, US District Court Judge Maryellen Noreika at that time said she could not "rubber stamp the agreement", adding that the proposed resolution of the gun-related offence was "unusual".

Thursday's charges are the first brought by justice department special counsel Davis Weiss, who was appointed by Attorney General Merrick Garland in August.

Weiss' office had previously said he was seeking to indict Hunter by 29 September.

Ramifications for Joe Biden

It is absolutely certain that Hunter’s legal woes would deal a massive blow to his father, be it personal or political. For quite some time, Republicans have been looking to exploit the president's son's vulnerability ahead of the 2024 presidential elections.

Also read |  Biden administration splurging $265,000 to protect itself from legal troubles

Hunter’s case would not only help the Republicans corner the Democrats but also help distract from their own problems with Donald Trump, who is facing 91 federal and state criminal charges, which they claim is a result of a deep state conspiracy orchestrated in part by Joe Biden's Department of Justice.

Apart from that, most Democrats are reportedly not happy that Joe Biden is running for the White House again in 2024.

Also read | Hunter Biden indicted on federal firearms charges for lying about addiction

Notably, Thursday's indictment came just days after the Republican Speaker of the House of Representatives, Kevin McCarthy, announced an impeachment inquiry into President Biden, a move dismissed as a political stunt by the White House.

McCarthy said there were "serious and credible allegations" into the family's business dealings and President Biden's conduct. And Republicans will hope this new inquiry implicates the president in the peddling of power and corruption.

Hence, all of these outcomes might play a significant part in Biden’s prospects in what promises to be a turbulent election year.

(With inputs from agencies)

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