President Joe Biden’s son may be charged with a felony gun crime, according to a new filing from U.S. prosecutors.
Prosecutors plan to ask a grand jury to indict Hunter Biden for the crime soon, special counsel David Weiss’s team said in a Sept. 6 filing.
“The Speedy Trial Act requires that the Government obtain the return of an indictment by a grand jury by Friday, September 29, 2023, at the earliest. The Government intends to seek the return of an indictment in this case before that date,” Mr. Weiss’s team told a federal court in Delaware.
Mr. Biden, 50, possessed a firearm in October 2018 despite being addicted to an illegal drug, a violation of federal law, prosecutors have said.
They agreed to allow him to enter pretrial diversion agreement but that deal has fallen apart.
A conviction could land Mr. Biden in prison for up to 10 years.
Mr. Biden’s attorney did not immediately respond to a request for comment.
Mr. Biden’s lawyers said in a separate filing on Wednesday that he is following and will continue to follow the terms of the diversion agreement.
U.S. District Judge Maryellen Noreika, the judge overseeing the case, had ordered the parties to provide updates to her by Sept. 6.
She made the order under the Speedy Trial Act, which requires the filing of an indictment soon after an arrest or summons.
That same day, Mr. Weiss said that Mr. Biden had agreed to plead guilty to separate tax charges and enter the pretrial diversion agreement for the firearm charge.
During a hearing in the tax case, Judge Noreika learned the diversion agreement featured promises from prosecutors to not pursue additional charges, which eventually led to Mr. Biden pleading not guilty to the tax charges.
Prosecutors then said the diversion agreement was not in effect because it has not been signed by Margaret Bray, the U.S. probation officer for Delaware, who would be acting at the judge’s direction.
Ms. Bray has not signed the agreement, according to a version of the agreement made public by the government.
By Zachary Stieber
