September 15, 2023

Joe Biden Makes Indictment History

With the felony gun-charge indictment of his son Hunter, the president has achieved a dubious distinction.

Joe Biden made a little history yesterday, becoming the first-ever sitting president to have a child indicted by a grand jury. So he’s got that going for him, which is nice.

A few months ago, when Manhattan DA Alvin Bragg brought a bogus “campaign finance” charge against Donald Trump, the mainstream media was breathlessly trumpeting the news that Trump is the first current or former president to ever be indicted. Strange, though; they don’t seem to be nearly as eager to report Joe Biden’s dubious distinction.

As those clever headline writers at The New York Post put it, Son of a Gun.

As The Wall Street Journal reports: “Biden’s indictment, filed in federal court in Delaware, follows the collapse in late July of a plea deal that he hoped would resolve a five-year investigation into his business dealings and taxes. As part of the agreement, the younger Biden, 53 years old, planned to plead guilty to a pair of misdemeanor tax charges and avoid prosecution on a gun charge if he remained drug-free and promised to never own a firearm again.”

Happily, that sleazy attempted plea deal ran up against an honest judge.

As for this indictment, there are three felony counts pertaining to Hunter Biden’s purchase of a .38 special in 2018 from a Delaware gun shop: making a false statement in the purchase of a firearm; making a false statement related to information required to be kept by a licensed federal firearms dealer; and possession of a firearm by a person who is an unlawful user or is addicted to a controlled substance.

It’s that third count, possession, which National Review’s Andrew McCarthy finds noteworthy, because it converts this from a “lie and try” case to a “lie and succeed” case. “By charging the unlawful-possession count,” he writes, “prosecutors will be able to prove how the gun was obtained and mishandled if the case eventually goes to trial.”

But let’s refrain from lauding the bringer of this charge, sweetheart Special Counsel David Weiss, because this guy had to be brought kicking and screaming to do so. As we noted weeks ago and as McCarthy notes now: “It was Weiss and Weiss alone who delayed bringing one of the most straightforward felony gun cases you’ll ever see. Weiss wasn’t being blocked. He was stalling.”

All this could net him 25 years in federal prison and $750,000 in fines, both of which are highly unlikely. Indeed, we doubt Hunter Biden will spend so much as a minute in federal prison — not with Merrick Garland running our nation’s Department of Justice. And, heck, if push ever came to shove, we suspect Hunter’s dad could strike an interesting plea deal.

None of this can be good for Joe’s mental state, which was shaken this week by news of a Republican impeachment inquiry and which is coming under increasing scrutiny by the voting public. Indeed, a recent Fox News poll shows that 61% of Americans don’t think our current president has the mental soundness to serve as president, while only 36% say he does.

Ever wondered what percentage of the American people can be categorized as low-information voters? There’s your answer: 36%.

Will this be the only charge against Hunter? Maybe and maybe not. Apparently, some tax-evasion charges are still on the table, perhaps in California, where he’s been living in recent years, or in DC, where he lived while the Big Guy was Barack Obama’s vice president. And what about the FARA charge — the seemingly cut-and-dried charge that he failed to publicly disclose his foreign relationships as required by the Foreign Agents Registration Act? A FARA charge would be especially fitting, given that it’s the same charge that those scummy Crossfire Hurricane hoaxers used to imprison some of Donald Trump’s team members.

Hunter Biden super-attorney Abbe Lowell says there’s ambiguity in the gun statute as it pertains to possession while addicted, but this sounds like a stretch, especially given all the laptop evidence of Hunter’s drug use during that time.

The more interesting challenge — indeed, the ironic challenge — for Lowell and the rest of Hunter’s legal team is whether they’ll challenge the underlying statute as unconstitutional under the Second Amendment. How odd it might be, then, as Hunter Biden’s high-priced lawyers try to worm his way out of this one. As constitutional law professor Jonathan Turley points out, “He would have to challenge a law that his father has enthusiastically supported and use cases that his father has vigorously condemned under the Second Amendment.”

Time will tell how all this plays out, but our strong sense is that the fix is still in. As we wrote last week when word of this looming indictment broke, the gun charge “is very narrow, very tightly drawn, and thus designed to keep the investigation of Hunter Biden free and clear of any crimes that might implicate the Big Guy.”

As McCarthy adds today: “Since it’s already getting into late 2023, and the Biden-family influence-peddling scheme had to wind down in 2018-19 when the Biden presidential campaign ramped up, most of the case is already time-barred. And as the statutes of limitations continue ticking away, they are not just ticking as to Hunter Biden; they are ticking as to everyone, including the president.”

In sum: Washington is a rigged town, and this CYA indictment is just further proof.

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