Will Biden Go Full Bruen? A Hunter Biden Indictment Could Bring a Surprising Challenge

After the spectacular collapse of his sweetheart deal with the Justice Department in court, Hunter Biden’s lawyer angrily told the prosecutors in open court to “just rip it up.” It appears, however, that the defense team does not want to shred one part of the deal: the diversion agreement to avoid any charge over his false statement to obtain a gun permit. The defense is now arguing that, since the two sides signed the agreement before the implosion in court, it is final and complete.

The Justice Department thinks otherwise. It is arguing that neither the probation officer nor the Court agreed to the plea agreement to finalize it. Indeed, it was the sweeping immunity language buried in the gun charge section that led the Court to throw a flag on the play.  Accordingly, the Justice Department is now pledging to indict Hunter by the end of the month.

Hunter, however, is insisting that the Justice Department will have to pry the agreement from his cold, dead fingers. Indeed, the President’s son may be channeling more from the National Rifle Association (NRA) than its catchline. If the court rejects the diversion agreement as executed, Hunter could be making an argument that will leave the Biden White House in something of a pickle.

One obvious attack against a charge is to argue that the underlying law itself is unconstitutional.

Under 18 U.S.C. § 922(g)(3), anyone who is an “unlawful user of or addicted to any controlled substance,” including marijuana, is barred from possessing a gun and can face up to 10 years in prison.

However, recently the United States Court of Appeals for the Fifth Circuit ruled the law violated the Second Amendment in United States v. Daniels. The case involved a man who was arrested in possession of marijuana and two loaded firearms. The Fifth Circuit relied on the Supreme Court’s decision in Bruen v. New York Rifle & Pistol Association, which established that firearms laws must conform with the nation’s “historical tradition of firearm regulation.”

President Biden denounced Bruen as a virtual abomination and has been a vocal supporter of the underlying law. Hunter, however, may now find himself in strange company in seeking to avoid any federal charge.

In the appellate opinion, Judge Jerry E. Smith wrote that “Our history and tradition may support some limits on an intoxicated person’s right to carry a weapon, but it does not justify disarming a sober citizen based exclusively on his past drug usage.”

That sounds tantalizingly familiar, but is it enough for Hunter to go full Wayne LaPierre?

If so, this would not be the first time that Hunter followed a path that his father has previously condemned in others. For example, for decades, Joe Biden has railed against “deadbeat dads” despite his son’s long effort to avoid paying child support to Lunden Alexis Roberts. Hunter spent years fighting support for his daughter Navy, even after a court confirmed that he was her father. Joe Biden himself only recently acknowledged the existence of Navy after routinely excluding her from the list of his grandchildren.

Yet, the President may not be quite ready for his son to join actual hunters in advocating for sweeping gun rights protections, including for drug users.

In making the argument, Hunter will have to claim that references to gun ownership by “law-abiding citizens” in past cases like District of Columbia v. Heller and Bruen should not be read to exclude everyone who breaks the law. Judge Smith cites a prior ruling in United States v. Rahimi, rejecting the federal ban on gun possession by people subject to domestic violence restraining orders. In that decision, the court held that the phrase should be read as “shorthand” alluding to “people who were historically ‘stripped of their Second Amendment rights.'”

The government has argued (and would likely argue in the Biden case) that there were laws from the 17th and 18th centuries barring people from publicly carrying or firing guns while intoxicated. However, the Fifth Circuit rejected the historical claim and noted that “under the government’s reasoning, Congress could ban gun possession by anyone who has multiple alcoholic drinks a week…based on the postbellum intoxicated carry laws. The analogical reasoning Bruen prescribed cannot stretch that far.”

The government has tried to use other laws barring guns to the mentally ill and dangerous individuals as historical analogs, but the court would have none of it. Indeed, Hunter could find himself arguing that people are too often denied rights by the government under claims that they are “insurrectionists.” Sound familiar?

The government has pointed to how “Founding-era governments took guns away from persons perceived to be dangerous.” However, the Fifth Circuit noted that those laws targeted unpopular people, including Catholics, as akin to traitors to the Revolution. Judge Smith wrote that drug users “are not a class of political traitors, as British Loyalists were perceived to be. Nor are they like Catholics and other religious dissenters who were seen as potential insurrectionists.”

So, a rejection of the gun diversion agreement could prove an even greater diversion for the Biden family as Hunter embraces the very decisions and rights long opposed by his father. In the meantime, the Justice Department would be citing historical precedent used against Catholics (like the Bidens) as potential insurrectionists who cannot be trusted with weapons.

Of course, White House Press Spokesperson Karine Jean-Pierre could defend all of this by paraphrasing the NRA that the “only thing that stops a bad guy with a gun [case] is a good guy with a gun [case].”



184 thoughts on “Will Biden Go Full Bruen? A Hunter Biden Indictment Could Bring a Surprising Challenge”

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  2. AS usual , ATS has to backpedal once again as the information comes out. It’s hard to remember when he was right, despite his arguments based on lies and deceit. We impeached a President for no reason except our present corrupt President wanted to hide his corruption. The left and Democrats didn’t care. Get rid of them, The Democrat Party is killing America..

    EU memo directly conflicts with Biden story about axing Ukraine prosecutor probing son’s business…

    In fact, the EU issued a public statement on Dec. 18, 2015 with even more encouraging words than the report, praising Ukrainian officials who had made “enormous progress.”…

    “I congratulate the Ukrainian leadership on the progress made towards completing the reform process which will bring important benefits to the citizens of Ukraine in the future. ,,,

    The EU wasn’t the only important voice cheering on Ukraine progress with rosy assessments. The George Soros-funded and internationally influential Carnegie Endowment for International Peace also weighed in during August 2015 with assessments similar to those of EU body and the State Department. It even singled out Shokin’s office for being among the most active on reforms….

    Evidence would show during impeachment and afterward that Biden’s conversation with Poroshenko occurred during a trip to Kyiv in December 2015. Under withering pressure from U.S. and Western officials, the Ukrainian president eventually buckled and persuaded Shokin to resign a few months later in March 2016. Poroshenko would tell Biden there was no evidence Shokin had done anything wrong…



  3. If they are not using their conventional forces to great effect (that is, incompetently), why expect their nuclear forces be used any differently? If you are the bigger one, then your victory is preordained. “Bigness” can be quantified in other ways, such as competence, morale, logistics, etc.

    1. Nuclear weapons dont need morale or even much competence to kill millions.
      The mistake is in assuming Putin would not.

  4. This is all obviously just dark cult of DC tent and circus gymnastics.
    You don’t re-appoint the criminally corrupt gas bagging back street give it all away boy you claimed had every right under the sun to the very same new big shot fake fraud position unless you are entirely crooked and don’t care who knows.
    “Gee, I’m just correcting my former mistake…”

    Yes, yes, sure thing. The rerun is loaded and ready for deployment when no one is looking.

  5. It is irrational to avoid a game of chicken when you are the big one. You should welcome the chance to be done with your smaller opponent once and for all, instead of letting him remain a thorn in your side for many decades to come.

    1. All of this tough talk doesn’t mean very much if a nuclear war starts by accident. The leaders who led their countries into WW I did not understand what they were doing. In retrospect, it will proably appear that we don’t undersand what we are doing either.

      1. Funny how the characterized “smaller opponent” is the bigger half of worldwide nuclear armageddon, and likely the bigger half of battlefield munitions too, as so many high end military analysts that have been effectively silenced tell us. Former administration officials.

  6. NATO can put a quick end to this war with its own personnel, weapons, and equipment. Russia couldn’t do anything about it. Russia would be powerless to stop them. NATO could be like: “What are you going to do about it?”

      1. Tom – And as it gets closer to the Dem’s looking like they are going to loose the 2024 Election, One single TNW will Launch WW III.
        (Dosen’t matter Who actually pushed the Button) soon therafter,
        The Dem’s “Franklin D. Roosevelt’ will take the Helm. So Who looks like the Dem’s ‘Roosevelt’ Candidate to you?

    1. NATO can’t produce the required munitions currently. When Russia lobs 15,000 ordinance a day and NATO can barely make 4,000 a month it’s not a cut and dried chest (breasts now) thumping exercise.
      Fighting local rebels who have ak47’s and cellphones is a lot different than fighting a hardened high production armament producing battle hardened dug in offensive line nuclear nation.
      How many more months or years of the breasts thumping transition talk are we going to hear before the ignominious receding pullout and abandonment ?

      1. China & Co. can – They have production capability and capacity to out perform the rest – If they put their mind to it.
        Fortunately they haven’t – Yet. Don’t press your Luck with 🇨🇳

      1. The problem is the battlefield has changed. Now Russia has satellite coverage of every inch and guided smart munitions.
        We aren’t the only player in the world any more, and aren’t up against a no one running in rags under some newly named banner.
        We can’t just crank out arms candy like we could for ww2 – we have no industrial capacity to do so.
        The wake up call has already come but the birds aren’t singing yet.

  7. Peggy Noonan puts Joe Biden in perspective in her review of Franklin Foer’s book “The Last Politician”. She cans it. Apparently the book offers a candid look at Jill Biden, none too flattering, as a partisan hack, insensitive to children during COVID school lockdowns and how Joe sacrificed a generation of children to support teachers unions. Maybe this explains why Hunter is an Axis II Personality Disorder narcissist. Like father like son

    He has often claimed or suggested that his son Beau, who died of brain cancer at Walter Reed National Military Medical Center in 2015, died in Iraq, where he had served six years before. The president has claimed he graduated in the top half of his law school class when he didn’t, and has over the years made unsubstantiated claims as to his extremely high measurable intelligence. He’s said that as vice president he awarded his uncle a purple heart, and that he was arrested in a civil-rights protest. There are many such stories, including the enduring one of Corn Pop, the bad dude from a bad gang who threatened a young Mr. Biden with a switch blade until Mr. Biden, bearing metal chains, forced him to back down……

    I don’t see what will change Mr. Biden’s mind about running. You get the strong impression, in the book and outside it, that he likes the job and sees himself as a great man, indispensable, or at least the right man for the moment.

    Peggy Noonan, Wall Street Journal

  8. An intense focus on the minutiae while largely ignoring the man who has ultimate responsibility for the current situation:

    Professor Turley: “Merrick Garland is a person with unimpeachable ethics and integrity.” (8/16/22)

  9. In Massachusetts there was a very important court case concerning the right to carry. A man from New Hampshire came to Massachusetts with his concealed weapon and with his right to carry per,mit from New Hampshire. He was apprehended and prosecuted in Mass. for carrying in Mass. without amass. Permit. The judge sided with the accused on the grounds that your constitutional rights do not stop at a states border. This could lead to constitutional carry

    1. …bear…

      What’s that mean, Einstein?


      “We ain’t got no [permits].”

      “We don’t need no [permits].”

      “I don’t have to show you any stinking [permits]!”

      – Gold Hat, The Treasure of the Sierra Madre, 1948

  10. If our rights, including the right to bear arms, come from God, then why aren’t guns mentioned in the Bible?

    1. Arms. Guns qualify through human development. Still, self-defense is a right derived from a reconciliation with diverse (individual, not class) life. #HateLovesAbortion

    2. “It’s the [relative physical opposition], stupid!”

      – James Carville

      Natural and God-given rights come from nature and God.

      A good example are the arms, as appendages to the upper torso of the human body at shoulder level, that allow men to defend themselves, in so far as they are effective at that task.

      The arms referenced in the 2nd Amendment were to be effective against the arms of a tyrannical and oppressive government, such as the current, wholly unconstitutional, communist government of the “fundamentally transformed United States of America and Banana Republic.”

      Next question.

  11. How were Abraham Lincoln, Karl Marx, Lincoln’s Successors, the Progressives, Democrats and RINOs able to commence and conclude the full nullification and abrogation of the Constitution and Bill of Rights, and implement the principles of the Communist Manifesto in America?


    Through the complicity and alliance of the Justices of the Supreme Court.

    The Supreme Court is the singular American failure.

    Central planning, control of the means of production (i.e. unconstitutional regulation), redistribution of wealth, social engineering—each and every step of the 150-year incremental implementation of the principles of communism must have been contemporaneously struck down with extreme prejudice by the Supreme Court.

    They were not.

  12. The problem with the Second Amendment is that it makes it harder for the government to mow people down with
    machine guns Tiananmen Square-style.

  13. The problem with the Second Amendment is that it lets people fight for their lives when they don’t deserve their lives.

  14. House Speaker Kevin McCarthy and Senate Minority Leader Mitch McConnell – Have got to GO!
    Neither work for the GOP Interest. True RINOs

    Kevin McCarthy is the Talking Head of the Neo-Conservative Deep State.
    and Mitch McConnell is as out to Lunch as Joe Biden, the two might as well be Twins.
    Both are doing reputable damage to the GOP.

    Know the Cards you have in your Hand.
    They’ve got to GO!

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