Former United States Attorney Brett Tolman explained Thursday that something "doesn't add up" with the bombshell story that federal investigators have enough evidence to prosecute Hunter Biden.
What is the background?
The Washington Post reported on Thursday that federal investigators "have gathered what they believe is sufficient evidence to charge him with tax crimes and a false statement related to a gun purchase."
Specifically, the gun charge relates to Hunter Biden allegedly lying on federal forms for purchasing handguns. On that form, he allegedly said he was not a user of illegal drugs. Federal authorities refer to prosecution of making false statements on firearm purchasing documents as "lying and buying."
Meanwhile, the tax charges relate to Biden allegedly not declaring income from his business ventures.
What did Tolman say?
Speaking on Fox News, Tolman described the Washington Post's story as "very awkward" and "clumsy" and said "so much of it doesn't make sense."
First, Tolman zeroed in on the grand jury. Because it has expired, federal prosecutors either already have secured charges against Hunter Biden or the grand jury said the government's evidence is not sufficient.
The grand jury has expired. So they have the charges already and kept them under seal, or they do not have an ability to present any of these charges unless they impanel a new grand jury," Tolman explained. "It is a very awkward, clumsy story that seems to be identifying what is happening."
Second, Tolman knocked the alleged charges as outlined in the Post's story.
"The charges themselves... the lying and buying, for example. Why would you bring that charge when you have photos of him actually possessing the firearm?" Tolman questioned. "You would bring a possession of firearm by a user of narcotics charge, instead of lying and buying, because it has a far greater punishment."
"Some of this doesn’t add up," he observed.
The only way the story, as outlined by the Post, makes sense is if "the whistleblowers are correct and they are trying to bury the story," Tolman alleged.
Chris Clark, an attorney for Hunter Biden, responded to the Post's story by suggesting that federal agents, in allegedly leaking information to the newspaper, committed a felony.
Clark said in a statement:
It is a federal felony for a federal agent to leak information about a Grand Jury investigation such as this on. Any agent you cite as a source in your article apparently has committed such a felony. We expect the Department of Justice will diligently investigate and prosecute such bad actors.
But Tolman said Clark's accusations are hogwash.
"The only time that would apply is if they were leaking actual material or information that was conveyed to the grand jury. So statements about there being 'general evidence that is sufficient' to bring a charge doesn't make sense," Tolman said.
"I think the defense attorney is out to lunch," he declared.