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.
Garland has vowed there will be no political or otherwise improper interference in the Hunter Biden case, and has not moved to push Weiss to make a decision, the people familiar with the matter said. It is not uncommon for Justice Department investigations to take years to finish.
A spokeswoman for Weiss declined to comment, as did spokespeople for the Justice Department, and the FBI and the IRS, the two primary investigative agencies.
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.”
Any charging decision involving the Biden case is especially fraught because Trump and his allies have made accusations of corruption in Hunter Biden’s business dealings a key line of attack against Democrats, both before and after the 2020 presidential race. At the height of the election campaign, Trump allies revealed that a Delaware computer shop owner had turned over to the FBI a laptop that had apparently belonged to Hunter Biden. Trump and others argued the data on the laptop showed evidence of unethical and possible illegal business deals; Joe Biden and his supporters denounced the efforts as a smear.
In March, The Washington Post reported that two computer security experts had reviewed thousands of the emails purportedly from Hunter Biden’s computer and found they were authentic communications, based on cryptographic signatures from Google and other technology companies. It could not be determined for this article whether the laptop and its contents were useful in the Justice Department investigation.