After the collapse of the Hunter Biden plea bargain, it was telling that the Biden Team seemed most insistent on one demand: the gun charge agreement was still in full effect. Many of us noted that Hunter’s placement into the pre-trial diversion program not only contradicted the position of his father and the Biden Administration on such charges, but was sharply in contradiction with similar contemporaneous cases. Perhaps for that reason, the Biden attorneys were apoplectic in maintaining that the gun charge was inked and sealed. The Justice Department just declared, however, that it is dead as Dillinger. That is the problem when your counsel tells the prosecutor in open court to “just rip up” the plea deal.
In a motion to vacate the prior briefing order, the Justice Department on Tuesday filed a categorical rejection of the Biden claim and told the court “to reiterate, the now-withdrawn diversion agreement, by its own terms, is not in effect.” The Justice Department pointed out that the Biden argument was manifestly wrong since Margaret M. Bray, the Chief United States Probation Officer for the District of Delaware, never signed off on the agreement.
That means that Biden could be treated like other defendants. Indeed, usually when a plea deal is rejected, the Justice Department will seek maximal charges and sentencing.
A recent decision of the United States Court of Appeals for the Fifth Circuit could present an interesting twist in this ongoing saga. Hunter Biden could oppose the position of the Biden Administration in its tough take on such gun violations — a position repeatedly championed by his father.
In U.S. v. Daniels, the treatment of Patrick Darnell Daniels was starkly different from the President’s son. Daniels was found with a handgun and found to be a regular user of marijuana. He was convicted of the unlawful possession of a firearm due to his drug use and sentenced to four years in prison.
The Fifth Circuit recently reversed the trial court, ruling that the federal statute conflicts with the Second Amendment. While the trial judge found that Daniels’ drug use placed him outside of the protection of the Second Amendment, the Fifth Circuit relied upon the Supreme Court’s 2022 decision in New York State Rifle and Pistol Association v. Bruen to toss out the sentence. The court ruled that “even as a marijuana user, Daniels is a member of our political community. Therefore, he has a presumptive right to bear arms. By infringing on that right, § 922(g)(3) contradicts the plain text of the Second Amendment.”
What was most striking was the concurrence of Judge Stephen Higginson, who registered his clear disagreement with Bruen: “It is also important to acknowledge that other gun safety laws, especially longstanding status-based prohibitions previously understood to be constitutionally unassailable, have been recently struck down by courts across the country as they attempt to faithfully implement Bruen.”
Biden’s team is likely to now argue that he had a right to the gun, even as a serious drug user. However, he will have to address also knowingly falsifying a federal form to gain possession.
Of course, the most pressing question is whether the new Special Counsel will reconsider a host of crimes not charged under the earlier deal. Some of those crimes were allowed to expire under the statute of limitations. Many of us remain perplexed why any prosecutor would allow such an expiration to occur, particularly when the statute of limitations could have been extended. Weiss was supposed to be called before Congress to answer that question when Attorney General Merrick Garland inexplicably made him Special Counsel. It is now expected that he will refuse to answer such questions as part of his “ongoing investigation.”
The fix is in, again.
Nose. Face.
“Inexplicably…?” Really? It seems obvious to me why he did it. What’s hard to believe is how absolutely brazen the DEMS are in taking these kinds of actions. They must feel they’ll never lose another election.
The tender mercies the OP affords the criminals in charge are just that, laced with sarcasm and a knowing and loving conclusion betwixt the smooth and foggy delivery, lest they be hatefully reprimanded and lawfared to death and banned from the realm.
I know, it’s sickening, and confusing, but thus is life in the criminal enterprises.
Hunter did “knowingly falsifying a federal form to gain possession.” of a firearm. End of story.
All men are created equal, only some are more equal than othe
The Criminal (& Crack-head?) is Joe Biden, knowingly exploiting his Crack addicted son on mission to destabilize the Democratically elected Yanukovych government of Ukraine. YES judges have the legal authority to overrule the 2nd Amendment in cases of proven & ongoing substance abuse for protection of the public.
The timing of Hunter with Burisma, as a know nothing so-called “Energy-expert” (**!!??) is unmistakably, linked to Joe’s deep-state destabilization of Ukraine. The trillionaire Oligarchs who control the USA & Europe financed, trained & armed the Azov Battalion, Pravy-Sektor & Svoboda in the armed Maidan putsch overthrow starting over decades since the fake Orange Revolution. Hunter was there as Joe’s surrogate doing Joe’s bidding for the Oligarchy.
WESTERN OLIGARCH ADDICTION: This finance, arming & training of just a small 5% cadre of Ukrainians was precipitated by indoctrination & lead to the Odessa Massacre, then to 15,000 Russian speaking Ukrainians in Donbass. Russia as a witness guarantor to the Minsk Accords was obligated to intervene, but waited 8 years before its 2022 SVO.
Talk about “illegal Gun-possession”, now we have 300,000 Ukrainian youth shot to death & blown-up, as a result of Joe’s proxy-war against Russia agency through Hunter. The Ukraine war may as well be an Oligarch Grudge-revenge set-up to massacre Ukrainians & a whole generation of their youth for their 1938-45 participation in the 12 Nation Axis war effort.
Hunter has only ever been a stand-in for his father’s illegal Influence peddling of Foreign Interference. The US trained, armed & finance orchestrated Ukraine government overthrow took place intentionally just months before the scheduled election. J. Biden, V. Nuland & their ilk did not believe they could win in an honest & fair election, so they spent some 15 billion (5 billion boasted by Nuland + Bezos & EU) on their indoctrination to bring hell to putsch Ukraine. Ukraine’s last two dual-Ukraine-Israel citizen Presidents (What are the odds?) are violently imposing on its people. All humanity’s worldwide ‘indigenous’ (Latin ‘self-generating’) ancestors & 1st Nations empowered all citizens in ‘Economic’ (Greek ‘oikos’ = ‘home’ + ‘namein’ = ‘care-&-nurture’)-‘Democracy’ (Gk ‘demos’ = ‘people’ + ‘kratein’ = ‘power-of’) as the essential check & balance to the otherwise easily captured & manipulable ‘Political’ democracy. https://sites.google.com/site/indigenecommunity/c-relational-economy/8-economic-democracy
Mr Turley. Dont you think you have to get out of the Limousine Liberal lane and put on your big boy pants and declare your an independant. These left loons are willing to burn down the country. Can you imagine the conflict of interest with this demented old man sending well over a 100 billion to a country for a proxie war that we know could have easily had a negotiated end ot it before it started. Millions fleeing and 10’s of thousands of folks dead. I started to see you wake up with Obama and his clown car mess after mess after the mess’s Bush made. Trump gets Impeached over a phone call about legit Biden corruption. This is a complete joke and the country is way past the banana deal.
“This is corruption by way of prosecutorial misconduct.” Sadly, unfortunately, this IS the new norm. democrats can literally get away with treason, murder, weapons-trafficking, drug-trafficking, child molestation… hell, pick a crime. The rule of law is DEAD in America and is a very significant sign the clock is ticking on the very short future of this country. Juxtapose what democrats get away with, while Republicans aren’t allowed usage of Constitutionally-protected rights, and the future is not just short but very very dark.
Democrats getting away with murder is not new. Mary Jo Kopechne would be 83 today had she lived. Instead she was murdered 54 years ago, July 18th or 19th, 1969 by an absolutely despicable man who was re-elected time after time by democrats after justice was denied by democrats. Nothing changes.
Point taken. Yet accumulation of the misdeeds and the power to enforce the outcomes has grown and is probably at a tipping point or past it.
The absolute corruption of our government and institutions is no longer tolerable. We have become a despotic 3rd world banana republic
Agreed. It is intolerable. There is no way to correct it other than the methods used by inmates in the Warsaw Ghetto. Basically suicide.
The democrats and permanent Washington control ALL the levers of power. All of the police, military, communications, courts,
It isn’t likely that those on the Left will suddenly wake up and realize the criminality, the depth of evil, the lack of patriotism of their actions. They are redefining evil and selling indulgences the same as others have done.
Agreed. It is intolerable. There is no way to correct it other than the methods used by inmates in the Warsaw Ghetto. Basically suicide.
Bullchips
Man up! Life is not as you depict it. Yes, America is now a nation of corrupt, power hungry leaders, and Americans are not model Christians / Jews / Muslims / Do Gooders. However an individual has the ability, nay the obligation, to conduct himself with honor, purpose, hope and dream. If the present scenario in our country makes you weak kneed, then you would have never lasted in far worse countries which many of us endured. I still have family in Cuba, and they get up daily, work or tend to daily tasks, and face adversity. For my last trip when I visited them, we drank, ate, danced to music and laughed. While I paid for the food and drink, they brought their heart and soul. Americans have no idea what adversity is!
Do better. Act better. Be a living testament of faith, hope and love. Otherwise, “they” have already won.
“Everything can be taken from a man but one thing: the last of the human freedoms—to choose one’s attitude in any given set of circumstances, to choose one’s own way.”
― Viktor E. Frankl, Man’s Search for Meaning
Estovir,
I agree, we are not the inmates of the Warsaw ghetto if joebiggun is making reference to the ghetto of Nazi occupied Poland during the Rising of 44′.
While the Polish people of Nazi occupied Poland did still have dinners (meager), dancing, they sang and even had theater. Some fought. Many died in the Rising of 44′. Ultimately the Rising was a failure but not by their lack of willingness to fight. But how the allies hamstrung them and the outright brutality of the Nazis.
I do not wish it but we are still capable to fight if need be.
The greatest man of the XX Century was born in Poland, in 1920, his mother died when he was a child under 10, his father died at age 20, leaving him as an orphan when the Nazis occupied Poland (1939). He studied to be a priest underground, in hiding, while the Nazis looked for him to send him to a slave labor camp. He was run over by a tram, leaving him physically disabled, his elder brother died in his youth, his sister died when she was a child. I am speaking of Karol Wojtyła, Pope John Paul II, my hero, whom I met twice. Mother Theresa of Calcutta, another hero of mine whom I met once, had a hellacious life. There are many examples of great men and women who flourished under oppressive situations. Aleksandr Solzhenitsyn, Booker T. Washington, Clarence Thomas, Thomas Sowell, Walter Williams, Condi Rice, and many more
Adversity breeds resilience. Or not. Our choice. Viktor Frankl wrote of this in his famous book.
Estovir,
Well said.
Adversity breeds resilience. Something our leftists friends are unfamiliar with, expecting to have everything handed to them.
Viktor Frankl as well as The Rising 44′ is on my bookshelf.
I’ll look for Rising 44. I had never heard of it. It must be quite good because Leftist Wiki wrote only negative things of it.
https://en.wikipedia.org/wiki/Rising_'44