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House Republicans issue criminal referrals on James and Hunter Biden, alleging false testimony

Side-by-side closeups of James Biden and Hunter Biden
GOP committee leaders recommend that the Justice Department prosecute President Biden’s brother James Biden, left, and son Hunter Biden over their testimony in an impeachment inquiry.
(Associated Press)
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House Republicans issued criminal referrals Wednesday against President Biden’s son and brother, accusing them of making false statements to Congress during a yearlong impeachment inquiry.

The Republican leaders of the House Oversight and Accountability, Judiciary, and Ways and Means committees sent a letter to the Justice Department recommending prosecution of Hunter Biden and James Biden and accusing them of making a “conscious effort” to undermine the House’s investigation.

Abbe Lowell, Hunter Biden’s attorney, said in a statement that the referrals are “nothing more than a desperate attempt by Republicans to twist Hunter’s testimony so they can distract from their failed impeachment inquiry and interfere with his trial.”

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James Biden‘s lawyer Paul Fishman echoed that sentiment, calling it a “baseless partisan action,” and reiterated that his client has “always maintained that Joe Biden never had any involvement in his business dealings.”

The referrals to Atty. Gen. Merrick Garland and special counsel David Weiss add to the legal challenges facing Hunter Biden, who is now on trial in a federal court in Delaware for three felony charges stemming from the purchase of a gun in October 2018. The 54-year-old has been accused by prosecutors of lying to a federally licensed gun dealer, making a false claim on the application by saying he was not a drug user and illegally having the gun for 11 days.

In a memoir, the president’s son described taking and cooking crack as going ‘into the darkest recesses of your soul, as well as the darkest corners of the community.’

On Capitol Hill, the Republicans have pursued their wide-ranging investigation into Hunter Biden, separate from that federal case, seeking to tie the Democratic president to his son’s business dealings. Hunter and James Biden sat for hours-long interviews with lawmakers who have failed to uncover evidence implicating the president in any wrongdoing.

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Rep. Jason Smith, chairman of the House Ways and Means Committee, said testimony from IRS whistleblowers shows that Hunter Biden lied to Congress at least three times in his Feb. 28 deposition.

“I think the Justice Department needs to look at that and act accordingly. When you lie to Congress, that is a serious violation of the law. It’s a felony,” said Smith (R-Mo.). “The president’s son should not be treated any differently than any other American.”

An attorney for Hunter Biden says subpoenas issued by House Republicans to President Biden’s son and his brother James are a ‘political stunt.’

The Justice Department, which will ultimately decide whether to take up the criminal referrals, declined to comment.

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The focus on the Biden family resulting from Hunter Biden’s federal trial and the impeachment inquiry — despite its lack of evidence so far — has proved to be a political and personal liability for the president. The proceedings are unfolding as the 2024 presidential election looms, and allies of President Biden worry about the toll it will take on him. He is deeply concerned about the health and sustained sobriety of his only living son.

Since former President Trump’s conviction by a jury on felony charges last week in New York, Republican leaders have assailed the Justice Department for what they claim is a “two-tiered” system of justice that targets conservatives. They play down the department’s current prosecution of Hunter Biden and the fact that other prominent Democrats have faced federal investigation during Biden’s presidency.

House Speaker Mike Johnson (R-La.) said Wednesday that Garland should “open criminal investigations into James and Hunter Biden,” under the false statements and perjury statutes.

The statements in question, according to the three committees’ chairs, include references Hunter Biden made to the position he held at a corporate entity that received millions of dollars from a foreign client. They allege that the president’s son also “relayed an entirely fictitious account” about text messages between him and his Chinese business partner, and that he mentioned his father was present with him as a negotiation tactic.

There is also a focus on statements James Biden made about whether the president, during his time as a private citizen, met with a former Biden family business partner.

House Democrats said Republicans are resorting to criminal referrals because their impeachment push has effectively flamed out despite 17 months of investigating the Biden family.

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“This agonizingly protracted and completely fruitless investigation has proven only that President Biden was not part of, did not profit from, and took no official actions to benefit his family members’ business ventures,” Rep. Jamie Raskin of Maryland, the top Democrat on the Oversight committee, said in a statement Wednesday.

Amiri writes for the Associated Press. AP writers Kevin Freking, Alanna Durkin Richer and Eric Tucker contributed to this report.

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