Below is my column in the Hill on the noticeably narrow scope of charges referenced in the recent FBI leak from the Delaware investigation. The leak raises a number of intriguing questions in its wake.
Here is the column:
President Biden’s hot mic moment during a visit to hurricane-stricken Florida — in which he muttered that “No one f–ks with a Biden” — left many people confused. His Sopranos-like warning might not deter developing hurricanes but it has succeeded for years in Washington as a kind of “Biden Golden Rule.” Neither prosecutors nor the press have seemed interested in pursuing allegations of criminal or corrupt practices by some members of the Biden family.
Now, after years of investigation, reports indicate that FBI agents are convinced ample evidence exists to charge the president’s son Hunter Biden on gun- and tax-related charges. Those charges (and a possible plea) may be the best-case scenario for the Bidens — and many others in Washington. Indeed, the reported narrow scope of a possible indictment is strikingly similar to what I previously described as the ideal “controlled demolition” of the Hunter Biden scandal.
Three questions immediately arise from this Justice Department leak, and the concern is that all three may be answered by the Biden Golden Rule:
For the Bidens, justice delayed is justice
The first question is why, in an investigation that began in 2018, the Justice Department only now believes it could charge over false statements on a gun registration form and on tax evasion. Both crimes were well established years ago.
The gun charge is based on the fact that Hunter Biden reportedly answered “no” to a standard question about whether he was an “unlawful user of, or addicted to” a narcotic drug or any other controlled substance. He wrote a book detailing his raging drug and alcohol addictions during this period (ironically, even as his father called for stricter enforcement of gun laws).
The FBI has long had the gun registration form, the book and other self-incriminating statements, not to mention President Biden’s repeated references to his son being an addict.
Hunter Biden also apparently did not pay taxes on millions garnered from his foreign business dealings or alleged influence-peddling schemes, and a Hollywood lawyer reportedly paid off as much as $2 million in delinquent taxes on his behalf recently. The FBI has had Hunter Biden’s infamous abandoned laptop since 2019, detailing payments from foreign sources and gifts or benefits, including a diamond.
Yet the long investigation has worked to the advantage of the Bidens as well as the Democrats in pushing any indictment beyond 2020 and, most likely, after the 2022 midterm elections. Indeed, Hunter Biden’s lawyer insisted after the leak of possible charges that prosecutors “should not be pressured, rushed, or criticized” to act.
It is often said that “justice delayed is justice denied” — but in politics, justice delayed is simply justice.
Is this all there is?
A second question concerns what were not referenced as likely charges against Hunter Biden.
For years, some of us have said an obvious, overwhelming argument existed to appoint a special counsel in this case. Yet Attorney General Merrick Garland has refused to do so.
Hunter Biden’s laptop reportedly contained detailed emails about business deals spanning the globe and millions of dollars from foreign sources, including some tied to foreign intelligence operatives. Some of his accounts reportedly were used to pay some of the bills for President Biden.
Even if the Justice Department is set to decline charges linked to foreign money transfers or influence-peddling, there is the obvious omission of charges under the Foreign Agent Registration Act (FARA). The Justice Department has used FARA aggressively in past prosecutions such as that of Trump associate Paul Manafort.
The omission of a charge under FARA would be glaring and troubling in light of those past prosecutions. And with the refusal to appoint a special counsel, that omission would likely avoid a public airing of any influence-peddling allegations tied to the Biden family.
A telling leak
The third question is why this leak occurred in the first place. Hunter Biden’s lawyer is justified in objecting to this leak and noting that it likely would constitute a federal crime. So why would sources at the FBI take the risk of a leak at this time?
Much like the Supreme Court leaking of the Dobbs decision, this one appears intended to trigger a response. The most obvious motivation would be to lock in the Justice Department if agents feared the department’s leaders might be resisting or delaying any charges.
It could also be an effort to alert the public about the narrow scope of charges being discussed with Hunter Biden’s defense team as a possible plea deal. There may also be concern that a plea deal might be reached before any Republican takeover of the House of Representatives. GOP leaders have pledged to investigate the influence-peddling allegations, but a plea could be used to say the matter is now considered closed by the Justice Department.
The focus on the gun charge is likely to highlight the absence of charges related to the reported foreign payments and alleged influence peddling. While the standard registration form warns of a potential 10-year sentence for false statements, it is rare to see significant prison time emerge from such cases. Indeed, prosecutors often choose not to charge on such violations. As a first-time offender, Hunter Biden could avoid prison entirely or plead to a short period of incarceration.
For those concerned about alleged influence-peddling, such a charge may seem like arresting a bank robber solely for double-parking his getaway car. While the reported charges could result collectively in a few years in jail, the absence of far more serious charges is likely to raise questions about the scope of the investigation.
The videos and emails reportedly uncovered on Hunter Biden’s laptop show a wide array of alleged criminal acts — a target-rich environment for any prosecutor. Indeed, it would take an amazing marksman to hit the gun charge and a few tax violations while missing other potential crimes. While any eventual indictment might contain other charges, the leak (if accurate) suggests a strikingly narrow focus as a basis for a possible plea.
The U.S. attorney in charge of this investigation, David C. Weiss, is a respected prosecutor. Even so, many Americans may wonder why Hunter Biden’s case suddenly was downgraded from a Category 5 hurricane to a tropical storm.
Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University. Follow him on Twitter @JonathanTurley.
Turley is seems disappointed on the meager charges against Hunter Biden. This is partly Turley’s fault and the right-wing media’s. They have hyped this “scandal” for so long and so much that reality seems so underwhelming.
Republicans have been beating this dead horse of a “scandal” so much that it has lost all it’s energy and importance. Trump initiated this investigation as an act of revenge. And the FBI struggled for years to find anything serious or worthy enough to damage Biden before the election. Tiurley sure has tried consistently and is now making excuses for why the investigation’s results are so underwhelming. It was a waste of time and NOBODY really cares. That is why Turley is confused as to why there isn’t as much attention to this “scandal” as there should be.
Turley is still waiting for the Benghazi hearing to come up with anything, Trey is this close to finding something.
LOL!!
……ho hum…. it’s the ‘Svelaz’ woke Bot sounding in again….Thank Goodness, to quote ‘Svelaz: ‘ ‘NOBODY really cares’ about your woke trolling.
The case is being pruned so that none of the dirtiest tentacles leading directly to the occupant of the White House [and Richard Jewell Building] are seen much less addressed.
I am beginning to think these folks, including bad actors in the DOJ and FBI, need to be brought up on state charges. After all, bribery, selling favors, and obstruction of justice are also state crimes. Currently the situation is like asking mafia bosses to investigate themselves–but more dangerous to the country.
Regarding hurricanes, Gov Ron DeSantis goes after the “National Regime Media”. Savage!
Part of it quite frankly you know you have National regime media that they wanted to see Tampa because they thought that that’d be worse for Florida. That’s how these people think. They don’t care about the people of this state, they don’t care about the people this community, they want to use storms and destruction from storms as a way to advance their agenda, and they don’t care what destruction’s in their wake. They don’t care about the lives here. If they can use it to pursue their political agenda they will do it
“why Hunter Biden’s case suddenly was downgraded from a Category 5 hurricane to a tropical storm.”
Because it was never a Category 5 hurricane to begin with anywhere but in the right wing media. Nobody else cares about Hunter, and there was not the “smoking gun” about Joe which you claim was there was a lot of wishful thinking on your part.
Does a Cat 5 hurricane exist if it is never reported or it’s existence is supressed?
“Because it was never a Category 5 hurricane to begin with . . .”
Sure. Selling out America to its greatest enemy (China) is merely a tempest in a teapot.
That’s the point I’ve been making all along. Nobody cares about Hunter Biden except MAGA nutties because its a convenient deflection from Trump’s own legal and bigger problems.
The gun charge won’t hold because it is a violation that is almost never enforced thanks to the NRA.
The tax issue? That apparently has been taken care of and would likely just end up in a settlement instead of a criminal charge.
Trump is no longer president. I just thought you might like to know.
.
You better try telling that to the Cult45 crew here on this blog.
No, but he’s still an ex-president with serious legal problems of his own making.
Hunter Biden….far far worse.
But tell us again your talking points for today from your handlers.
Memo to Media Matters: send us better trolls
Anonymous, not a troll. Just pointing out reality. Nobody cares about Hunter Biden’s “scandal”. It’s that simple. Turley is struggling to understand why there isn’t that much interest in this “scandal” when the evidence is staring him right in the the face. NOBODY CARES.
Influence peddling is not illegal. Lying on the ATF 4473 form is so rarely prosecuted especially on drug addicts because there is no paper trail on drug addicts and proof that they really were addicts when they answered the questions on the form. It’s a big problem for prosecutors.
Tex issues? it’s more likely he will settle out of court instead of wasting time on one measly charge.
The Guardian has an article today about “a Trump circle beset by influence-peddling and corruption”
https://www.theguardian.com/us-news/2022/oct/10/trump-ally-tom-barrack-trial
But of course Turley does not care about Trump corruption.
Trump is not the president. Biden is — albeit illegitimate.
Proving your willful ignorance everyday is not necessary.
And with the refusal to appoint a special counsel, that omission would likely avoid a public airing of any influence-peddling allegations tied to the Biden family.
On the other hand, with a Republican majority in the House, they could file articles of impeachment on Garland and have a very public airing of the evidence against the Biden crime family, the FBI and DOJ.
Problem is influence peddling is NOT illegal. You can thank the conservative block of Supreme Court justices for making it protected free speech.
Problem is influence peddling is NOT illegal.
Violating FARA is. Not appointing a special counsel and blatantly avoiding prosecuting Hunter Biden should at least warrant impeachment proceedings. The hearings will demonstrate not only the influence peddling (Quid), but the Pro Quo. No problem.
He didn’t violate FARA because he was not a government official. Turley often omits that pertinent fact. He was not there to influence the board be was as a favor to his father. He was there to make money and that is NOT illegal. This is why there are no FARA charges pending or considered.
He didn’t violate FARA because he was not a government official. Turley often omits that pertinent fact. He was not there to influence the board be was as a favor to his father. He was there to make money and that is NOT illegal. This is why there are no FARA charges pending or considered.
There’s a reason you’re trolling JT’s legal blog instead of him trolling yours.
WHAT IS AN “AGENT OF A FOREIGN PRINCIPAL”?
An “agent of a foreign principal” is any person who acts as an agent, representative, employee, or servant, or otherwise acts at the order, request, or under the direction or control of a “foreign principal” and does any of the following:
Engages within the United States in political activities, such as intending to influence any U.S. Government official or the American public regarding U.S. domestic or foreign policy or the political or public interests of a foreign government or foreign political party.
Acts within the United States as a public relations counsel, publicity agent, information service employee, or political consultant.
Solicits, collects, disburses, or dispenses contributions, loans, money, or other things of value within the United States.
Represents within the United States the interests of a foreign principal before U.S. Government officials or agencies.
https://www.justice.gov/nsd-fara/frequently-asked-questions#6
Olly, we can always count on you setting things straight with exacting information. The problem is that you have corrected only one of about a hundred errors Svelaz has made today and for the west coast half the day still remains.
Let me add: “Hunter Biden almost certainly broke foreign lobbying laws: experts”
https://nypost.com/2022/07/23/hunter-biden-almost-certainly-broke-foreign-lobbying-laws-experts/
Thanks SM. It’s not just that Svelaz is wrong factually and needs to be proven wrong. His strategy is not much different than the Left’s support of unconstitutional EO’s. They know they are wrong, they know everyone else knows they are wrong, they know they will be factually proven wrong, but clog up the system (blog) anyway, for as long as possible. Wash. Rinse. Repeat.
I should just cut to the quick by replying: Lying Troll to all of them.
Olly, Hunter Biden didn’t meet any of the criteria you posted. That’s why he can’t face charges under FARA. You didn’t point out what part of FARA Hunter Biden violated.
🤣 Lying Troll.
Olly, I have been thinking along the same lines. Impeach cabinet heads. Discovery will be epic. Home Land Security (border), Health and Human Services (covid response), Garland , Wray. Thats the short list. Unfortunately Republicans insist on playing nice, while Democrats break all rules of decorum.
Discovery will be epic.
Absolutely. I don’t believe Republicans have any intention of playing nice. If they do this right, they will make the Jan. 6 committee look more like a clown show than it already does. There is so much to work with. The American public will get an education into the definition of nonfeasance, misfeasance and malfeasance. And the spiderweb of connectivity down to the local government level could reasonably convict the entire Democratic party as hostile actors towards their own citizens.
Mr. Turley, can you please explain something I read over the weekend… The NY Post reported the following….
“The prosecutors are said to be struggling with whether the defense team could rely on Hunter’s sordid drug-fueled history — which is the basis for the gun permit lie allegations — to argue in the tax crimes case that he wasn’t in the right frame of mind at the time. ”
Since WHEN is being a drug addict an excuse not to be charged with the crimes comitted when on drugs? It seems that’s a GET OUT OF JAIL card for ANYTHING???
The problem prosecutors face is that with drug addiction they will have to prove Hunter Biden was indeed a drug addict when he answered the questions on the form. A book excerpt is not enough proof for a charge. There would have to be solid evidence of addiction such as being in rehab or literally on cocaine when he purchased the gun. For that to be proof there would have to be an official paper trail that links back to him being a drug addict. An excerpt from a book can be considered hearsay in court.
To avoid prosecution, Hunter has applied for Ukrainian citizenship. Joe has already paid the application fee — several billion dollars.
It is amazing to see how little we have changed in our legal system from the medieval days of kings and emperors.
Here we have the most fortunate son of the king (effectively in Joe Biden), that everybody knows is guilty as sin and yet here we have the prosecution, and all the minions of the establishment, going mild on him.
If this had been any other criminal defendant he would have been preemptively dumped into the deepest pits of hell and would have stayed in prison for the rest of his life. There is even implications about child pornography being on his laptop which is usually treated worse than drug trafficking.
But right here in front of everybody’s eyes and no one seemingly being able to do anything about it Hunter Biden will get a pass and spend some trivial amount of time, if at all, in prison for all these crimes. The duplicity of this is shocking- if Trump and his son had the same commissions of crimes they would have been rapidly enmeshed in legal proceedings and destroyed of their finances & liberty & reputation.
The only difference between today’s treatment of the king and his son is that there’s a lot more psuedo due process that sits in the way, the treatment and final disposition is essentially the same.
In medieval times the sovereign could grant an individual Freedom of the City. It seems Hunter has been granted Freedom of the Country.
In medieval times there would have been beheadings. Seems so much more efficient than torturing Americans with a thousand FBI leaks and repulsive videos of Hunter naked on drugs with
members of the news mediapresstitutes“. . . Hunter Biden’s case suddenly was downgraded from a Category 5 hurricane to a tropical storm.”
Meanwhile at Mara-a-Lago. the FBI/DOJ are conducting a proctology exam for documents that are mis-labeled or un-labeled or classified or not-properly-declassified, or something-or-other.
It is said that if Trump announced that he is not running, these persecutions would stop. Perhaps a more effective strategy is to change his last name to “Biden.”
“or something or other”
You seem to be confused by Turley and FoxNews and Newsmax, which muddies everything related to Trump’s corruption. They were classified documents. They had not been declassified. Trump had no good reason for having them after he left office and no excuse for having them or not returning them when asked and for lying about having returned them.
“They had not been declassified.”
And your evidence for that is?
Oh, wait. This is the get-Trump smear campaign. Since evidence thwarts that desire, it is unnecessary.
There is no evidence that they HAVE been declassified. That is the problem. Trump has refused to provide evidence in court. The burden of proof is on him.
Svelaz, No charge have been filed. No lawyer would start a defense until charges are known.
Waiting has the advantage of time, when facts supporting your client will come to light. Like the letter written by Obama to the National Archives where he states he as Classified Documents in his Chicago Warehouse. Time will no doubt reveal evidence exists that all modern Presidents left with classified documents.
“The burden of proof is on him.”
You’re confused.
The claim is: “They had not been declassified.”
The burden lies with the one who made *that* claim.
And your evidence for that is?
As always, the retards get the constitution wrong. The Govt must prove the documents have not been declassified. An impossible task.
Iowan2 says, “As always, the retards get the constitution wrong. The Govt must prove the documents have not been declassified. An impossible task.”
Nope. The current case is a CIVIL case not criminal. In a civil case the plaintiff (Trump) has the burden of proof. In a criminal case the government does. Obviously your ignorance is massive.
The Only civil case I’m aware of, is the politically inspired thing our of NYC, that attempts to make you believe Trump got to set property values for paying property taxes.
Iowan’s sheer confusion is evident on several levels here.
@ 10:57
Your entire comment lacks any evidence.
“They were classified documents.” No proof for this statement
“They had not been declassified.” No proof for this statement
“Trump had no good reason for having them after he left office and no excuse for having them or not returning them”
The President has plenary power. he does not need a reason, or excuse.
What does it matter now? The pretend potus has given America away. There is only one cure and I don’t think Americans have the courage.
“Even so, many Americans may wonder why Hunter Biden’s case suddenly was downgraded from a Category 5 hurricane to a tropical storm.”
***************************
They shouldn’t wonder. The answer is in the question. It’s Hunter Biden not Hunter Smith and in a corrupt state all that matters is the name.
And everybody, and I mean everybody, knows it.
And yet, the same A-holes will be elected in time after time.
“For years, some of us have said an obvious, overwhelming argument existed to appoint a special counsel in this case. Yet Attorney General Merrick Garland has refused to do so.”
Right. Because there is no real pressure being applied from the right or left. Garland can simply ignore the obvious. The media is silent on the issue. Why? Again, proving that the Biden Crime Family is somehow un-f*ckwithable. They are corrupt criminals who sold out their country, but interestingly, the Biden clan is protected, and has been for decades. Why?
Most likely it is not because the Bidens are un “f”able but maybe this thing is way bigger than just the Bidens. I think you have answered your own question. Little Hunter being exposed would most likely uncover all sorts of activity by both sides.
Why? Because they are NOT a “crime family” and they are NOT “corrupt”. What many of Biden’s critics suffer from is the consequence of their own making. Overhyping the “scandal” and “crimes” that have no evidence. You’re simply a victim of your own conspiracy theories and political innuendo.
The reality is nobody cares about this “scandal”. The investigation started in. 2018 and prosecutors are STILL struggling to come up with anything viable to charge Hunter with. That is NOT a good sign and is more likely a sign that there was never enough evidence to prove the allegations or prosecute the crimes. Reality has a way of putting things into perspective and those who have invested so much time and effort overhyping the “scandal” that this is supposed to be are guaranteed to be disappointed in the underwhelming reality that is this “scandal”. Turley is just one more victim of this self-inflicted hype.
Right. Because there is no real pressure being applied from the right or left.
33 Republican Senators have written to Garland requesting a special counsel. Thats 2/3 of Republican Senators.
Hunter has more (~150) Treasury Suspicious Activity Reports, than any single entity since the inception of the Report. That alone would trigger a special counsel. For any AG except the wholly corrupt Garland
Hunter is undisturbed without a care in the world. He has the presidential pardon in his back pocket.
so the DOJ, Congress, FBI, NSA, Media, Big Tech, top Intl and DC officials all conspired on the Russian Hoax, which was ALWAYS KNOWN to be a lie…how many went to jail for this OPEN TREASON and attempted over throw of President Trump and the GOP?
Democrats are Fighting a Civil War…Again
Republicans aren’t!
Democrat Party has fought 2 too many Civil Wars…and should be abolished! Not Kidding!
I don’t get this. If Hunter is prosecuted for minor charges, why can’t further charges be brought later for more serious crimes? Why would they be off limits?
That’s possible, so they might be trying to run out the clock on the statute of limitations. Also, Pedo Bill can pardon Hunter for federal charges, but the states can still bring charges.
If Delaware is the only state that can bring charges against Hunter, the chances of an indictment are less than zero. Even if there’s a power struggle within the Democrat Party, Delaware is a corporate oligarchy. They’ll shield the Bidens.
Those are my guesses, but I’m not an expert.
They won’t press charges on more serious stuff because they don’t have evidence to bring charges. They aren’t “off limits’ they just don’t have evidence to file those kinds of charges. They’ve had since 2018 to find evidence and if they haven’t found any by now they just don’t have evidence to support the charges at all.
I am of the opinion that lying on ATF form 4473 is a serious crime, seeing as it says right on the form,
“I also understand that making any false oral or written statement, or exhibiting any false or misrepresented identification with respect to this transaction, is a crime punishable as a felony under Federal law, and may also violate State and/or local law.”
Hunter Biden lied when he checked the “No” box of 11.e,
“e. Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?”
Had you or I have lied on a 4473, we would of been arrested, charged and convicted of a Federal Law.
But our last name is not, “Biden.” The fact Hunter Biden is still free, after all this time, is a gross display of the corrupt two tier Justice system.
Statute of limitations.
In a Fascist State leaders family will not be punished
Ho, paid Hunter $4.8 million. Hunter transferred $1.4 million to James Biden’s
He is “literally the f***ing spy chief of China,” Biden says. When Ho was arrested by agents at JFK, the first call he made was to James Biden
Way to reassure Americans that justice is just and applied equally.
Garland has turned out to be one of the more partisan AJ’s in recent history (exceeded only by Eric Holder).
Dems are succeeding in turning Washington DC into a banana republic.
We totally dodged a bullet in confirmation of his ascent to the Supreme Court.
What a horrible wolf in sheep’s clothing he would have been if he had attained that position.
Amen!
No Americans with an above average intelligence wonder why the other crimes are ignored. They all know. Progressives don’t wonder because people with low intelligence are incurious.
Anonymous, no it has nothing to do with “low intelligence”. I has more to do with reality. Republicans and right-wing media have been hyping Hunter Biden’s “scandal” so much that in the end it wasn’t as serious as it has been portrayed. This is an investigation that started in 2018! And there is little to show for it because there were never any serious charges to be sought in the first place. You have all been victims of an overhyped “scandal” that was never a scandal.
The gun charge? Those violations are rarely enforced and after so long they will amount to a fine and time served. The tax charges? They can be settled out of court and no jail time given. Influence peddling? That is legal. Even the conservative wing of the Supreme Court has deemed influence peddling protected free speech. Go figure.
The FBI is corrupt and has no credibility. They are the Gestapo for the National Socialist Democrat WOKE Party.
The DOJ is no better.
Biden’s Fourth Reich won’t last.
The Red Rant in Philadelphia showed everyone who these people are.
The left loves it’s tyrants until they come for them.