Hunter Biden, the son of President Joe Biden, has been indicted on federal gun charges in a Delaware federal court. Biden was charged by federal prosecutors with three counts related to the possession of a firearm while using illicit substances.

The indictment states that Biden certified on a federally mandated form that “…he was not an unlawful user of, and addicted to, any stimulant, narcotic drug, and any other controlled substance, when in fact, as he knew, that statement was false and fictitious.” Biden had publicly acknowledged his substance abuse problems with alcohol and crack cocaine and had been in and out of treatment at the time of the purchase.

Two of the charges carry a maximum prison sentence of 10 years, while the third has a maximum penalty of 5 years. Biden is also facing a combined total of $750,000 in fines. Nonviolent offenders who never use a firearm to commit a crime usually do not receive harsh penalties, especially if it is their first offense.

This indictment has come amid the collapse of a plea bargain that would have averted a criminal trial and negative publicity for President Biden as he seeks reelection in 2024. The Justice Department is now in the unprecedented position of prosecuting a case involving former president Trump and the current president’s son.

House Republicans are also trying to use Hunter Biden’s overseas business dealings to bring impeachment charges against President Biden. No illegal activities committed by President Biden have been uncovered by the investigation thus far.

The Hunter Biden case is being overseen by special counsel David Weiss, who is a Trump appointee. U.S. Attorney General Merrick Garland named Weiss as the special counsel in August around the time that plea bargain negotiations began to fall apart.

Abbe Lowell who is a lawyer for Biden stated, “We believe these charges are barred by the agreement the prosecutors made with Mr. Biden, the recent rulings by several federal courts that this statute is unconstitutional, and the facts that he did not violate the law, and we plan to demonstrate all that in court.”

The White House has been mostly silent regarding this investigation; however, President Biden defended his son in an interview with MSNBC back in May. “First of all, my son has done nothing wrong. I trust him. I have faith in him,” President Biden said.

The date for Hunter Biden’s arraignment is yet to be set.