Trump-appointed U.S. Attorney David Weiss to decide whether Hunter will be charged.
From The Washington Post:
Federal agents investigating President Biden’s son Hunter have gathered what they believe is sufficient evidence to charge him with tax crimes and a false statement related to a gun purchase, according to people familiar with the case. The next step is for the U.S. Attorney in Delaware, a Trump administration holdover, to decide on whether to file such charges, these people said. The investigation into Hunter Biden began in 2018, and became a central focus for then-president Donald Trump during his unsuccessful 2020 reelection effort. Initially, the investigation centered around Hunter Biden’s finances related to overseas business ties and consulting work. Over time, investigators with multiple agencies focused closely on whether he did not report all of his income, and whether he lied on gun purchase paperwork in 2018, according to the people familiar with the situation, who spoke on the condition of anonymity to discuss an ongoing case. Agents determined months ago they had assembled a viable criminal case against the younger Biden. But it is ultimately up to prosecutors at the Justice Department, not agents, to decide whether to file charges in cases where prosecutors believe the evidence is strong enough to lead to a likely conviction at trial. Given the intense political interest in a criminal probe involving the son of a sitting president, Attorney General Merrick Garland has made clear that the U.S. Attorney in Delaware, David C. Weiss, who was nominated by Trump in late 2017, is supervising the case. ... Asked about the case, Chris Clark, a lawyer for Hunter Biden, accused investigators of leaking information. “It is a federal felony for a federal agent to leak information about a Grand Jury investigation such as this one,” Clark said in a written statement. "Any agent you cite as a source in your article apparently has committed such a felony. We expect the Department of Justice will diligently investigate and prosecute such bad actors. As is proper and legally required, we believe the prosecutors in this case are diligently and thoroughly weighing not just evidence provided by agents, but also all the other witnesses in this case, including witnesses for the defense. That is the job of the prosecutors. They should not be pressured, rushed, or criticized for doing their job.” ... The primary focus of the tax investigation has been whether Hunter Biden did not declare income related to his various business ventures, including overseas. The gun paperwork part of the investigation stems from 2018, a time period in which Hunter Biden, by his own account, was smoking crack cocaine.