Site icon JONATHAN TURLEY

Hunter Biden Is Under Federal Investigation

Hunter Biden confirmed yesterday that he is indeed under investigation by the U.S. attorney’s office in Delaware for possible tax violations.  For years, the media has maintained a virtual blackout on Hunter Biden stories even as some of us noted that a 2019 subpoena indicated an active criminal investigation. Apparently, there was no way to “say this nicely” so the media said virtually nothing at all. The son of the incoming president will now be investigated by his father’s Justice Department. In the meantime, many in the media are still struggling with the journalistic version of the denial stage in the KüblerRoss stages of grieving.  The move during the lame duck period could reflect a desire to iron plate the investigation before the arrival of a Biden Justice Department. It will certainly add a new complication to any already difficult situation with a pending Special Counsel investigation.

Reports indicate that Joe Biden is not implicated and that Hunter Biden may be either a “target” or a “subject.”

Hunter Biden stated “I take this matter very seriously but I am confident that a professional and objective review of these matters will demonstrate that I handled my affairs legally and appropriately, including with the benefit of professional tax advisors.”

Weirdly, he insisted that he only learned of the investigation on Tuesday when his lawyer was advised of the investigation by federal prosecutors.  He was aware of a subpoena in 2019 over his laptop.  Before the election, neither Hunter nor Joe Biden would admit that the laptop and its emails were authentic.  In the meantime, most media refused to seriously cover the story and NBC actually debunked different documents shortly before the election.  Some of us noted at the time that such subpoenas are not issued for recreation and that Biden could be implicated in a federal criminal investigation.

It is not known what or who is the focus of investigation beyond Hunter Biden being either a target or a subject.  What was striking about the laptop emails was the discussion of millions in fees or payments with a dangerous level of informality and fluidity.  It is not clear if those transactions occurred and whether some of the referenced payments or gifts (including a diamond from a Chinese source) are being examined by the federal investigators.  It appears that this investigation has been going on for at least two years.

Notably, in October, Sen. Ron Wyden (D-Ore.) joined Senate Minority Leader Chuck Schumer (D-N.Y.) in asking the FBI to resist pressure to investigate Hunter Biden.

The Justice Department ordinarily waits until after election for major indictments or moves that might impact the election. The move this week is consistent with the lame duck strategy that I discussed after the election where prosecutors need to move before a Biden Justice Department take hold of such pending cases:

The danger for prosecutors is greater because the Biden administration can rely on a supportive media. The only people more embarrassed by allegations of criminal conduct in the Hunter Biden investigation would be media members who have repeatedly assured the public that there is nothing to investigate.

If these investigations move forward with possible criminal charges related to Biden or his family, there may even be a question of whether the current or next attorney general should establish a special counsel.

After that column, Durham was made a special counsel and now Delaware is formally moving to cement its own investigation during the lame duck period.  Both investigation now leave the incoming Biden Administration in a muddle.

 

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