Hunter Biden has gone on the offensive against Republicans. That could be tricky for the president

FILE - President Joe Biden's son Hunter Biden arrives for a court appearance, Wednesday, July 26, 2023, in Wilmington, Del. Hunter Biden has been charged with felony gun possession. A federal indictment filed in Delaware says Biden lied about his drug use when he bought a firearm in 2018 while struggling with addiction to crack cocaine. (AP Photo/Julio Cortez, File)

WASHINGTON — Hunter Biden has gone on the offensive against his Republican critics, arguing in a new lawsuit that although he is the son of the president of the United States, he shouldn’t be treated differently than any other American.

The lawsuit against the IRS is only the latest in a series of counterpunches by the president’s son. But while Hunter Biden’s lawyers might think that an aggressive approach is the best legal strategy for Biden the son, that might not be what’s best for Biden the father as he seeks reelection and tries to keep the public focused on his policy achievements.

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The president has had little to say about his son’s legal woes — which now include a felony indictment — beyond that Hunter did nothing wrong and he loves his son. The White House strategy has been to keep the elder Biden head-down and focused on governing, reasoning that that’s what voters will prioritize, while working to keep Hunter’s troubles at arm’s distance.

There’s one hopeful school of thought among the president’s allies that even if all the headlines about Hunter Biden aren’t a plus for the president’s reelection campaign, the legal process could ultimately clear the air in a positive way.

“Obviously, the White House and Hunter’s teams are looking at it from different perspectives,” said Democratic political strategist David Brock. “It’s important for the facts to reach the public, and when that happens, I think ultimately that’s beneficial to the president.”

But privately, some Democrats are concerned that Hunter Biden’s legal problems could harm Biden heading into 2024 and pose difficulties for Democrats in tight House races, according to people familiar with the matter who were not authorized to speak publicly and spoke to The Associated Press on condition of anonymity.

The lawsuit that Hunter Biden filed Monday against the IRS maintains that two agents who testified as whistleblowers violated his privacy by publicly disclosing his tax data as part of a probe by House Republicans into his business dealings.

Hunter Biden’s team last week sued a former Donald Trump aide over his alleged role in publishing emails and embarrassing images of the younger Biden. And his team also has asked state and federal agencies to open a criminal probe into Trump allies for accessing and spreading his personal data.

Hunter Biden agreed in June to plead guilty to two tax misdemeanors and avert prosecution on a gun charge by enrolling in a diversion program. But the agreement unraveled following a July 26 court hearing that was meant to end the case, and the younger Biden was then indicted for a felony weapons charge.

His legal woes have increasingly complicated matters for the president, who also faces an impeachment inquiry by House Republicans seeking to link the president to the business dealings of his son. While Hunter Biden did broker on his family name in business dealings, Republicans have so far unearthed no significant evidence of wrongdoing by the elder Biden, who spoke often to his son as vice president and did stop by a business dinner with his son’s associates.

Biden hasn’t had much to say about the impeachment drive. And he also has kept his distance from the Justice Department prosecutions of both his son and Donald Trump.

Now, Hunter Biden could be heading to trial in the midst of his father’s reelection effort. That suits Republicans, who are eager to distract from the multiple criminal indictments of Trump, the early GOP primary front-runner, whose trials could be unfolding at the same time.

Hunter Biden’s allies have argued the plea deal fell through in part because Justice Department officials bowed to pressure from Republicans who claimed he was getting a “sweetheart deal” to end a five-year investigation into his tax and business dealings.

“This is just the beginning and far from the end of Hunter and his team going on offense and fighting back,” said Michael LaRosa, a former special assistant to the president.

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