[1][2][3] A plea agreement negotiated in July 2023 fell through after a U.S. district judge declined to approve it, due to disagreement between the defense and prosecution about the extent of the prosecutorial immunity offered.

In September 2023, Hunter Biden was indicted on gun-related charges arising from his purchase of a handgun in 2018, when he had an addiction to cocaine.

[5][6][7][8] Hunter Biden was scheduled to face an additional trial related to the tax charges starting on September 5, 2024.

[14] In the report, Weiss criticized the assertions made by President Biden in his December 1 pardon, noting "Calling those rulings into question and injecting partisanship into the independent administration of the law undermines the very foundation of what makes America's justice system fair and equitable.

It erodes public confidence in an institution that is essential to preserving the rule of law...[T]hese baseless accusations have no merit and repeating them threatens the integrity of the justice system as a whole."

[15] In December 2020, Hunter Biden disclosed his tax affairs were under Justice Department (DOJ) criminal investigation.

[18] Garland, the Biden administration's attorney general, said that Weiss had full independence amid claims by House Republicans of DOJ interference.

[19] According to Gary Shapley and Joseph Ziegler—two Internal Revenue Service (IRS) whistleblowers who testified to Congress—Weiss sought special counsel status, but his request was denied.

According to the New York Times, judge Maryellen Noreika seemed skeptical about the deal and questioned why it had been filed under a provision that gave her no legal authority to reject it.

[40] Biden attorneys asserted that the collapsed plea deal still gives him an immunity from prosecution on the felony gun charge.

[24] On September 14, 2023, Hunter Biden was indicted on three gun charges returned by a federal grand jury in Wilmington, Delaware.

Two counts allege that Biden lied on his Form 4473 when he purchased a .38 caliber Colt Cobra handgun in Delaware in 2018, by certifying on the form that he was not an unlawful user of, or addicted to, a controlled substance; the other count alleges possession of a firearm as a prohibited person (under federal law, addicts of controlled substances may not own firearms,[42][43][44] which was found to be unconstitutional by SCOTUS in Robinson v.

on the form asked, "Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?

Biden's attorneys contend that the documents that could be obtained by the subpoenas could support their theory that the charges are the result of a "selective or vindictive prosecution arising from an unrelenting pressure campaign beginning in the last administration.

[54] However, the prosecution will be able to bring up Biden's drug use, portions of his memoir Beautiful Things, and a summary of data from his phone and iPad.

[57] After opening statements concluded, FBI special agent Erika Jensen took the stand to testify as the prosecution's first witness.

Hallie also noted how she tried to track Hunter down in the days after he purchased the gun, and that he replied by claiming that he was waiting to meet a dealer and smoking crack on a car.

"[59][60] Also on June 6, former Delaware State Police Lt. Millard Greer testified how he located the gun from the man who removed the from the trash can.

In addition, Romig stated that several pictures from Hunter's devices showed what appeared to be a crack pipe with burnt marks.

[62] On June 7, the defense called its first witness, Jason Turner, who ran a background check and made sales for the store where the gun was purchased.

However, the prosecution was able to point out that Hunter Biden indicated in an October 2018 text message that he was avoiding his daughter when he went to New York to visit her.

At one point during his time in New York, Hunter met in his hotel room with someone named "Frankie" and also gave this person the access key to his Wells Fargo account.

During closing arguments, the prosecution stated that evidence against Hunter Biden was "overwhelming" and ugly," noting how even his ex-girlfriend Zoe Kestan testified that she saw him use crack a little over two weeks before he purchased the gun.

[65] On January 11, 2024, Biden pleaded not guilty to all tax evasion charges in a Los Angeles federal courthouse.

[67] The postponement came after an attorney for Hunter Biden claimed that the firearm charges trial made it so his defense didn't have time to prepare for the initial June 20 start date.

[75] During his plea hearing, Biden responded "Yes" after Scarsi asked him "Do you agree you committed every element of the charges in the indictment?

[84] In an October 2022 interview with Jake Tapper following The Washington Post's reporting, Joe Biden said he had "great confidence" in his son.

[86] Senior House Republicans suggested the Weiss appointment was an effort to obstruct their investigation into the Biden family.

House Speaker Kevin McCarthy suggested Weiss could not be trusted because he negotiated what Republicans called a "sweetheart deal" that was later rejected by a judge.

Upon his client's indictment in September 2023, Lowell said his client was being charged due to pressure from Republicans, saying: "Hunter Biden possessing an unloaded gun for 11 days was not 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.