The special counsel investigating Hunter Biden plans to indict the first son on a gun charge. The only problem is that the conservative Supreme Court may have already overturned the law Biden allegedly violated.
Biden had initially agreed to a deal in which he would have pleaded guilty to two misdemeanor charges of tax evasion and participated in a pretrial program for a gun offense, allowing him to avoid jail time. When that deal fell apart in July, the Justice Department appointed David Weiss as a special counsel to investigate Biden further.
Weiss announced his plan Wednesday to indict Biden on just the gun charge by the end of the month. The charge is over Biden answering “no” on a federal form he filled out while buying a handgun when asked if he was an “unlawful user” of drugs. Biden has struggled with crack cocaine addiction and was having trouble staying sober at the time.
Except Weiss may not actually be able to bring the charge. Last year, the Supreme Court significantly loosened gun control laws when the conservative majority ruled that Americans have a general right to arm themselves in public. Biden’s lawyers have already argued that the ruling makes trying to prosecute the first son on gun charges pointless.
The Supreme Court ruling has already been cited in another, much lower-profile case. The Fifth Circuit appeals court ruled in August that drug users shouldn’t be automatically banned from owning guns. The court overturned the conviction of a Mississippi man who had two guns in his car during a 2022 traffic stop and admitted to regular marijuana use, although he was not driving under the influence at the time.
“Our history and tradition may support some limits on an intoxicated person’s right to carry a weapon, but it does not justify disarming a sober citizen based exclusively on his past drug usage,” the three-judge panel said in the ruling.
Republicans have complained that Biden got a “sweetheart” plea deal and that the Justice Department has treated him with kid gloves. But it might be a little harder to take issue with Biden being exonerated by a ruling from the Supreme Court, which was stacked with conservatives by GOP leader Donald Trump.