Washington (CNN): According to people briefed on the situation, the federal investigation into Hunter Biden's business dealings is approaching a crucial turning point as investigators consider potential charges and prosecutors wrestle with Justice Department directives to generally avoid bringing politically sensitive cases close to an election.
Although there hasn't been a final decision on whether to file charges against President Joe Biden's son, sources claim that the investigation has become more serious in recent months due to discussions between prosecutors in Delaware, the investigators leading the investigation, and officials at Justice Department headquarters.
The investigation, which began in 2018, is being directed by David Weiss, the US Attorney in Delaware.
Recent discussions have centered on the possibility of filing charges for alleged tax offenses and making a false statement in relation to Biden's acquisition of a pistol at a period when doing so would have been barred due to his recognized difficulties with drug addiction.The President's son probe has been one of the politically sensitive matters that Merrick Garland, the attorney general, has to deal with. Weiss is one of a select group of Trump appointees who were retained by the Biden administration because they were in charge of politically sensitive inquiries.Republicans in Congress have already stated that they intend to initiate fresh investigations and hold hearings to scrutinize the actions of Hunter Biden and other members of the Biden family should they win control of the House of Representatives after the November elections, adding to the pressure.Justice Department policies overseeing politically sensitive investigations during an election year may also be in play. There is an unwritten rule, according to current and former Justice Department officials, that prevents prosecutors from filing politically sensitive cases within 60 days before an election.
Since Joe Biden is not on the midterm ballot, some current and former Justice officials have questioned whether the regulations must still be followed in this situation.
Hunter Biden's attorney declined to comment. The Delaware US Attorney's Office declined to comment.
Hunter Biden has previously denied any misconduct and has not been charged with any crimes. According to individuals who have received a briefing, his father is not under investigation as part of the investigation into his son's commercial operations.
focusing more narrowly
The first emphasis of the Justice Department's inquiry was on Joe Biden's vice president-era business and financial dealings abroad with Hunter Biden. However, according to numerous sources, investigators have looked into a wider range of activities, including whether Hunter Biden and friends broke any federal weapons or other crimes, as well as money laundering, campaign finance, tax, and foreign lobbying laws.
The people claim that as the inquiry neared its conclusion, prosecutors focused only on allegations involving taxes and firearms.
Justice officials have been debating the case's viability and whether additional investigation is necessary before deciding on potential charges for months. According to an earlier CNN report, those meetings included agents from the FBI and IRS Criminal Investigation as well as attorneys in Delaware and at the Justice Department's main office.
Hunter Biden has openly disclosed his own battles with substance abuse, and some Justice Department officials questioned whether this may make their case against him less compelling if they ever decide to file one.
Biden might claim he wasn't aware of misconduct because he was under the influence of narcotics, according to some authorities, a source claimed. According to a person familiar with the discussions, Justice officials have recently come to the conclusion that Biden's own public accounts of his recovery demonstrate that he was entirely responsible for the actions that are currently under investigation. CNN previously reported that some officials were concerned that it could be a defense.Given the sensitivity of presenting a politically connected case close to an election, another individual said that during the talks, officials also considered the timing of any potential indictment.
Memoranda from the Justice Department caution prosecutors against filing any prosecutions or conducting any overt investigations with the intention of influencing an election or giving one candidate an edge over another.
Garland reiterated the department's position on election-year sensitivities in a communication to prosecutors in May. Attorneys General often counsel prosecutors to avoid making significant investigative or charging decisions close to an election to prevent the perception of partisan motives in the memo, which is sent every election year.
Prosecutors with the US attorney's office in Manhattan filed two politically sensitive cases in August of 2018—the final year of congressional midterm elections—against Chris Collins, a Republican congressman and early Trump supporter, and Michael Cohen, the president's former personal lawyer. Collins was up for reelection that year.
Election-related considerations were taken into account by the prosecutors in both cases, according to sources familiar with the proceedings.
In August of that year, Cohen entered a plea of guilty to charges relating to campaign finance, taxes, and other matters, and served his three-year jail term. Collins, who was elected again while being charged, later entered a guilty plea and gave up his position. Collins was given a 26-month prison term, however he was only imprisoned for two months before receiving a pardon from the late President Donald Trump.
Trump In the months leading up to the 2020 election, the Justice Department rejected a request from New York prosecutors to carry out a search warrant on Rudy Giuliani, one of Trump's personal attorneys. The search was later given the go-ahead by the Biden Justice Department after being allowed by a federal judge.
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