They believed it was all in the past, that they could leave it behind. All Hunter Biden had to do was appear in court, answer a few questions, sign some paperwork, and that would be the end of it. Of course, the Republicans wouldn’t let it go, but the real danger seemed to have passed.
But things didn’t go as planned. The criminal investigation that President Biden’s advisors thought was nearly finished has been revived with the collapse of the plea agreement and the appointment of a special counsel who might bring Hunter Biden to trial. What was once a political scandal that mainly interested right-wing partisans could now stretch on for months, just as the president is gearing up for his re-election campaign. This time, the questions about Hunter Biden’s behavior may be harder for the White House to dismiss as politically motivated, and they may even reach the general public’s attention, which has so far shown little interest.
It’s still unclear if Hunter Biden faces additional criminal charges beyond the tax and gun charges initially brought against him by President Trump’s attorney general. The fact that Attorney General Merrick B. Garland designated David C. Weiss as a special counsel with more independence to handle the investigation suggests there may be more potential legal consequences related to Hunter Biden’s business dealings with foreign companies.
However, the significance of this development may be less significant in the long run. Weiss’s decision to abandon the plea agreement means he could take the case to trial in states other than Delaware, where Weiss is based. Some experts believe that requesting special counsel status may be a way to empower Weiss to prosecute the case outside of Delaware.
“In essence, Friday’s announcement seems like a technicality allowing Weiss to pursue charges outside of Delaware now that negotiations have broken down,” explained Anthony Coley, former director of public affairs at the Justice Department under Garland. “It won’t have much practical impact.”
Nevertheless, a trial involving Hunter Biden could be a spectacle that distracts and embarrasses the White House, while also giving more ammunition to Republican critics of the president. The president’s advisors find themselves frustrated and resigning to months of additional turmoil, even if they are not particularly alarmed by the possibility of a broader investigation.
“After five years of investigating Hunter’s dealings, it seems unlikely that Weiss will uncover much that is new,” said David Axelrod, senior adviser to President Obama. “On the other hand, anything that brings more attention to Hunter’s case and extends the story into the campaign year is certainly unwelcome news for the president’s team.”
Interestingly, the appointment of Weiss as special counsel did not resolve the concerns it was meant to address. While the special counsel designation is supposed to insulate the investigation from political influence, Republicans have criticized the choice of Weiss, claiming that he approved a lenient plea agreement. They argue that Weiss is a lackey of the Biden administration.
These attacks also aim to discredit Weiss in advance in case he doesn’t confirm their unsubstantiated allegations of corruption against the Biden family. While there is evidence that Hunter Biden used his family name for financial gain, there is no proof that President Biden personally benefited from or abused his power to help his son’s business interests.
Some Republicans, however, view the appointment of Weiss as special counsel as a positive. They argue that if there was nothing to investigate, there would be no need for a special counsel, and it was Biden’s own attorney general who recognized the need.
“It shows that there is more than just smoke,” said Douglas Heye, a veteran Republican strategist. “It changes the way this issue is covered. And as we’ve learned from previous special counsel investigations, where it starts is not necessarily where it ends.”
For the White House, the attorney general’s announcement was an unpleasant surprise. Just seven weeks ago, they believed they had reached a turning point with Hunter Biden’s plea agreement on tax and gun charges. However, when Hunter Biden showed up in court to finalize the agreement, it fell apart during questioning from the judge. The disagreement centered around what the agreement meant. Hunter Biden and his lawyers believed it would end the investigation, while prosecutors made it clear that it would not.
The Hunter Biden legal team wants assurance that a guilty plea would conclude the matter, especially since Trump has threatened to prosecute him if elected. But negotiations to clarify the disagreement have reached an impasse, making a trial almost certain and providing Republicans with an opportunity to divert attention from Trump’s legal troubles.
Of course, the cases are hardly comparable. Hunter Biden was never president and will never be president, and even the most damning evidence against him doesn’t come close to trying to overturn a democratic election. Nevertheless, Republicans have used this situation to complain about a “two-tier justice system.”
According to a poll by Reuters and Ipsos in June, three-quarters of Republicans think Hunter Biden received preferential treatment in the plea deal, compared to only 33 percent of Democrats. However, most voters believe that Mr. Biden was simply being a supportive father, and only 26 percent said they were less likely to vote for him because of Hunter’s legal troubles.
The president’s strategists argue that Republican attacks on Hunter Biden failed in the 2020 election when Biden defeated Trump, as well as in the 2022 midterm elections when Democrats fared better than expected. They also believe that the issue hasn’t resonated with the voters who will be crucial for Biden’s re-election in 2024, namely independents and disenchanted Democrats.
This assumption will now be put to the test in the months to come, as the president’s son goes on trial.
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