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DOJ Expects A Hunter Biden Indictment On Felony Gun Charge By End Of September, Court Filing Says

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James Lynch Contributor
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Special counsel David Weiss is seeking an indictment against Hunter Biden on a felony gun charge in Delaware by the end of September, the DOJ said in a Wednesday court filing.

Weiss and two special attorneys filed a status report on Biden’s felony gun charge Wednesday after Delaware U.S. District Court Judge Maryellen Noreika delivered an order Aug. 31 asking for an update about Biden’s gun case. (RELATED: Joe Biden’s Office Colluded With Hunter’s Business Associate On Burisma Inquiries, House Oversight Says)

“Thus, the Speedy Trial Act requires that the Government obtain the return of an indictment by a grand jury by Friday, September 29, 2023, at the earliest. The Government intends to seek the return of an indictment in this case before that date. Thus, the Government does not believe any action by the Court is necessary at this time,” the status report reads.

Hunter Biden was expected to plead guilty to two tax misdemeanors and sign a pretrial diversion agreement for his felony gun charge. Biden was charged with felony gun possession for unlawfully possessing a firearm in October 2018 while addicted to a controlled substance, the DOJ said in a June court filing.

Hunter’s plea agreement and diversion agreement fell apart in court when Judge Noreika questioned an immunity provision in his diversion agreement, resulting in a dispute between Biden’s defense counsel Christopher J. Clark and DOJ special attorney Leo Wise. Clark withdrew from the case in August because of his role in the negotiations over Biden’s failed plea deal.

Hunter Biden’s legal team filed a status report of its own Wednesday and insisted his diversion agreement was put into effect.

“Mr. Biden has been following and will continue to follow the conditions of that Agreement, which the U.S. Attorney’s Office agreed and signed and informed the Court on July 20, 2023 that the Probation Office had agreed to and had recommended be put into effect,” the status report states.

Biden’s legal team insisted in August that the diversion agreement was valid in response to Weiss’ move to withdraw Biden’s tax charges in Delaware to potentially charge him in Washington, D.C., or the Central District of California. The DOJ responded with a filing in which it blamed Hunter Biden’s lawyers for the plea agreement collapsing and outlined how the diversion agreement was never put into place.