For months, I have been expressing disbelief that Hunter Biden and his defense team were going to take the gun case to trial. Even on the eve of the trial, I thought that the defense might snap into sanity and plead out the case. The reason was simple. A guilty plea would have materially improved the chances that Hunter could get probation and avoid jail by accepting responsibility. Conversely, a trial in a case with overwhelming evidence of guilt would make it less likely that a judge would depart from the guidelines at sentencing. Nevertheless, Hunter went forward with a nullification strategy and, in so doing, it may have nullified his best chance to reduce the risk of jail time.
After the verdict, I have been stating that jail time is a real possibility in this case despite the fact that this is a first offender. Frankly, I do not see any real need for incarceration in this type of case and many judges would be likely tempted to grant “downward departures” in sentencing or disregard any recommended prison sentence.
It is also important to note that, after the Supreme Court’s ruling in United States v. Booker, sentencing guidelines are discretionary. Judge Maryellen Noreika could sentence him to probation in light of his struggle with his addiction and his status as a first offender (as well as the absence of other aggravating factors).
Yet, while many view this as a relatively minor offense, the sentencing guidelines do not.
Judges regularly sentence people to prison for these offenses. The sentencing guidelines put the recommendation at 15 to 21 months in prison. Moreover, over 90 percent of those convicted are sentenced to prison time.
The chances of probation are increased with guilty pleas, which generally allow for a downward departure of two levels for taking responsibility. That may not seem like a lot but it could prove determinative for a judge on a marginal call over the need for incarceration. By pursuing the nullification strategy, Hunter lost that benefit and now would have to belatedly accept responsibility just before sentencing after putting the court and public through a trial.
If the defense reviewed Judge Noreika’s past cases, they would have seen that she takes a tough approach on gun cases. In May, she sentenced defendant Zhi Dong to a year in jail for lying about his address on a gun form. Notably, that was twice the recommended sentence of the prosecutors.
One point of distinction is that Dong purchased 19 pistols and 10 “lower receivers” rather than the single gun purchased by Biden. It is also notable that the prosecutors were only seeking six months of incarceration in that arguably more serious case.
The defense strategy also makes it more difficult for Special Counsel David Weiss, who has shown remarkable lenience at critical stages of his investigation. It was Weiss who allowed the most serious tax offenses to lapse under a statute of limitations (despite reportedly having an agreement to extend the period). It was Weiss who sought to give Hunter an obscene sweetheart deal that would have avoided any jail time and given him immunity for all crimes.
Many remain skeptical of Weiss and his actions in this case. For that reason, the failure to plead guilty puts Weiss in a box. Given the sentencing guidelines of prison time, any recommendations for probation would be read as more favoritism for the president’s son. Weiss may feel compelled to follow the recommendations to show that Hunter is being treated the same as other defendants.
Given the calculation for the three felonies, the defense had to know that they were increasing the chances of prison time by pursuing a nullification defense. The hope was that Wilmington is Bidentown and no local jury would convict the son of the favorite son of Delaware.
It didn’t work out that way. The team seemed to overplay its hand with defenses that were so implausible as to be insulting for the jury. They suggested that Hunter might not have checked the box or signed the form during a brief window where he was not using drugs. The prosecutors demolished those defenses within two days of the trial.
Accepting responsibility after a trial does not guarantee a downward departure. For example, in U.S. v. Womack, a defendant sought a departure for accepting responsibility before trial as a drug dealer. However, he still went to trial on other issues and the trial judge refused any departure on the basis of his earlier admissions of guilt. It found that he was still minimizing his responsibility for the underlying crimes. That decision was upheld on appeal.
Now, Hunter may have painted both the prosecutors and the court into a corner. In a play for a hung jury, Hunter may have hoisted himself on his own petard. Guilt was never in doubt, but his efforts also removed any question of accepting responsibility before he was facing actual sentencing for his offenses.
You know it is a set up aimed at Trump going behind bars. We just do more theater than normal banana republics.
@Chuckiechan
Yup. My thoughts exactly, and no one need share my cynicism. Do NOT fall for it. These people are beyond despicable, and this is just another cunning machination. I’m sure it was all prearranged for L’il Biden before he even set foot in the courthouse.
Again, I admire the Professor’s optimism and integrity, but he is placing faith is some seriously shady people.
One can see why Hunter is a man-boy at age 54+ years of age: his father is the problem.
An Obama Judge in the US District Court for Kansas has granted standing to only 3 states out of 11 in their complaint against Biden’s $156 B student loan forgiveness. This despite SCOTUS rejecting Biden’s previous student loan forgiveness.
The cavalier writing in the order is reminiscent of Obummer, even blaming the 8 other states for their methods of calculating revenue. Why not just cancel the students loans and issue the kiddies a life supply of crack? Worked wonders for Hunter!
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
STATE OF KANSAS, STATE OF ALABAMA, STATE OF ALASKA, STATE OF IDAHO, STATE OF IOWA, STATE OF LOUISIANA, STATE OF MONTANA, STATE OF NEBRASKA, STATE OF SOUTH CAROLINA, STATE OF TEXAS, STATE OF UTAH,
Plaintiffs
Just ten days after the Supreme Court’s rebuke, Defendants released a Rule purporting to abolish at least $156 billion in student debt, with a new “SAVE Plan” as its centerpiece.
https://ag.ks.gov/docs/default-source/documents/1747fd3fa045c6d769d9bff0400a29f96.pdf
Decision from Obama’s Federal District Judge:
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS
STATE OF KANSAS, et al.,
Plaintiffs,
v.
JOSEPH R. BIDEN, et al.,
Defendants
But despite these issues, plaintiffs have shouldered their burden to show that the new regulations, more likely than not, will injure South Carolina, Texas, and Alaska’s public instrumentalities. The other eight states—those without a public instrumentality participating in the student loan market—haven’t shouldered their burden to show that the regulations will cause them any direct harm.
The other eight plaintiffs assert that they have standing because the SAVE Plan will reduce their income tax revenues. But this is an incidental effect of the SAVE Plan, traceable to plaintiffs’ own decisions about how to tax revenue. Alternatively, these eight plaintiffs also assert that the SAVE Plan harms them directly because it reduces their ability to recruit staff to public service within state agencies. No court has ever bought into this theory, and this court declines to become the first. These plaintiffs simply have no skin in the game. Their answer to Justice Scalia’s colloquial expression of standing—What’s it to you?—is this: It’s nothing.
The court thus grants defendants’ Motion to Dismiss (Doc. 45) in part and denies it in part. Plaintiffs South Carolina, Texas, and Alaska have standing based on their public instrumentalities. The other eight states don’t, and, exercising discretion conferred by Circuit authority, the court dismisses them from this action.
Dated this 7th day of June, 2024, at Kansas City, Kansas.
s/ Daniel D. Crabtree Daniel D. Crabtree
United States District Judge
https://storage.courtlistener.com/recap/gov.uscourts.ksd.151881/gov.uscourts.ksd.151881.68.0_1.pdf
Standing is supposed to assure that plaintiffs with the greatest interest bring a case to trial
It is never supposed to keep an issue from going to trial at all
FJBiden will commute Hunter’s sentence. That criminal degenerate liar will never spend one night in prison.
and all of the lying Fake News knows it.
No one is above the law!…..shout those evil lying scumbag Democrats.
With Navarro and Bannon being sentenced to prison time, each for a MISDEMEANOR, when can we expect to see Cassidy Hutchinson DO actual PRISON TIME for lying before Pelosi’s sham committee?
The bottom line for me on this case is the DOJ has admitted that the laptop is valid for future prosecutions—get prosecuting!
Both GEB and Karen S. have said what the rest of us are thinking but are not sure how to say it. I applaud both of these fine people and look forward to any further thoughts and comments from them both.
Slightly, but not entirely, OT. I just saw this story on JTN:
DNC to pay only part of first lady’s Paris-Delaware Trip for son’s trial, remaining balance of $200K
https://justthenews.com/government/white-house/dnc-pay-only-part-first-ladys-paris-delaware-trip-sons-trial-remaining
I have two questions. FIrst, can someone refer me to the regulations on what differentiates whether a donation to a political non-profit organization may be used for non-campaign-related expenses incurred by a candidate or his family? Second, HTLF (the “L” stands for “living” 🙂 can one-way airfare form Paris to Wilmington cost $111,500? Even if she had a contingent of 4 Secret Service agents with her on the flight itself (which seems to me like a factor of 2x overkill) that would work out to $22,300/seat. The Concorde is retired, right? A quick search showed ads for Paris to PHL (Philadelphia International, which is about 30 minutes drive from Wilmington, DE) for $300 – $400, and while I’m sure these over-entitled narcissists would never fly coach, a factor of 55 difference seems wildly execessive, to put it mildly.
Number 6,
From the JTN article,
“The math shows the DNC will pay $13,310 instead of the full $223,000, which has resulted in “suggestions” by news gathering organization that taxpayers will paid the difference of about $209,690.”
Nothing to see here!
UpstateFarmer said: ““The math shows the DNC will pay $13,310 instead of the full $223,000, which has resulted in “suggestions” by news gathering organization that taxpayers will paid the difference of about $209,690.””
Saw that, but the relative expense distribution really wasn’t what I was asking about. Is the DNC permitted to pay that $13k out of donations that were supposed to be earmarked for campaigning, or is there subterfuge involved whereby Jill Biden claims part of her trip was to promote “Biden for President”, or are there not the restrictions on spending donations that I thought there were? And the second part of my question remains: how can airfare for a scheduled commercial flight from Paris to NE Corridor US possible be that expensive? Air Force One is estimated by some to cost ~$200k per flying hour, but I doubt that is incremental flying costs alone, it most likely includes costs that are more or less sunk, so I don’t know how much more than the commercial flight it would have cost to send AF1 to pick her up.
Number 6,
I should of read your comment closer, but I am getting what you are saying.
Had it been Trump, they would of brought a third impeachment against him and saying he is a threat to . . . something.
But when it is the Biden’s . . .
They use the Revolving Petty Cash Charge Card – We all got one after voting for Biden in 2020.
If you voted for Trump, you didn’t get one.
Anonymous said: “They use the Revolving Petty Cash Charge Card – We all got one after voting for Biden in 2020.”
That, along with your expensive taste in pre-pubescent boys, may partially explain the magnitude of the national debt.
Number 6,
Witty and funny!
Good one!
This is in answer to anyone who repeats the talking point that Hunter Biden’s conviction on these gun charges means the justice system is working as it should, and there was no weaponization against Donald Trump:
“Special Counsel David Weiss, who has shown remarkable lenience at critical stages of his investigation. It was Weiss who allowed the most serious tax offenses to lapse under a statute of limitations (despite reportedly having an agreement to extend the period). It was Weiss who sought to give Hunter an obscene sweetheart deal that would have avoided any jail time and given him immunity for all crimes.” – Jonathan Turley
First, Hunter Biden was NOT treated like any other defendant accused of these crimes. It does not take 5 years to investigate the crimes outlined meticulously in his laptop, which was given to authorities in 2019. If this was any other person, not only would they be already in prison serving a long sentence for the tax evasion, money laundering, and failing to register as a foreign agent, as well as the gun crimes, but so would all of the family members implicated in the scheme, including Joe Biden.
It would not have taken 5 years to uncover the Biden Family corruption and influence peddling if the perpetrator was Donald Trump. He would have been impeached on day one of his presidency.
So far, Joe Biden has not only gotten away with taking millions of dollars in bribes while serving in public office, but no charges have been brought against him, or his family, for this scheme, while the election looms only months away.
The gun charges were nothing compared to all the crimes that laptop outlined. The DOJ did all it could towards jury nullification, by setting the trial in Delaware, the seat of the Biden crime family. Hunter Biden lives in Malibu, California.
It is appalling clear that the justice system is, in fact, weaponized against conservatives, and has been used to aid and abet Democrat President Joe Biden.
Karen S,
Well said and spot on.
@Karen @Upstate
Exactly, and all this does is *reinforce* the already existing belief that two-tiered justice is what we have for those that can see it, it makes the Trump verdict *less* philosophically and legally valid, and yes, our modern dems do think you are that stupid and do have that level of disdain for both you and our system. This is absurd. I am not buying it, and I am an independent voting for Trump who will never vote dem again, for any office, not now, not ever.
Egad— are you ever delusional. The 2-tiered justice system argument was shot down, but MAGA media just can’t be wrong— so they spoon fed you the lie that Hunter has committed far worse other crimes —- and you believe it. Didn’t they tell you about the years of Republican hearings that went nowhere? The witnesses who testified that there weren’t any crimes? But, you still believe.
Trump committed his 34 felonies to deceive the American people about his misogyny after getting caught bragging about sexually assaulting women. Hunter’s conviction proves there isn’t any 2-tiered justice system. Trump’s crimes constituted election interference, on top of the collusion with Russian hackers. It’s appalling how many delusional people like you that are out there who believe lies.
Gigi thinks if she claims brainwash, you don’t have an argument. She can’t convince you of her bull shit, so she’ll resort to just telling you that you are brainwashed.
Common tactic of the left.
Reprogramming is their remedy. Just like Animal Farm
Hunters CASE proves there IS dual justice.
No charges—whistleblowers—Congressional pressure—charges and sweetheart deal—Norieka blows the whistle—-Charges and a trial—Guilty verdict.
Nothing to see here.
I have to laugh at the Left gloating over Hunter Biden’s conviction for the strangest reason. They are saying “see, there is no two-tiered justice system. He was found guilty!” This prosecutor did not run for their office by stating they were going to ‘get” Hunter Biden. Nor did they say ‘the train is coming’ as did Mr. Bragg and Ms. Willis. I am sorry for him. He made his own mess. He needs more than rehab. He needs a new family and a new life.
One would think that with all the smart people around Mr. Biden, he’d have plead guilty, apologized for his mistake, demonstrated his sobriety and moved on . . . but apparently . . . One would be wrong!
Hey, I thought the laptop was fake!!!
Why didn’t the defense bring in the 50 government and intelligence experts to state just that??
This is why we need hate speech laws and a ministry of truth to protect the rubes from their own ignorance and bigotry.
Look for the prosecutor and members of the jury to die under mysterious circumstances over the next few months or years.
And JT, you’re a ‘nazi’ for even noticing and pointing these events out.
antonio
Whether it’s Republicans threatening a civil war over the conviction of Donald Trump or Democrats showing little-to-no interest in Hunter Biden’s conviction, both sides have had surprising reactions to recent legal developments.
Concerning the Hunter plea bargain. The judge asked Hunter’s defense attorney if he could provide any instance of such plea bargain being accepted by any judge in the past. The defense attorney’s answer was three words. No your honor. It all illustrates how smug the Bidens are. I’m still waiting for Joe to recognize the existence of his granddaughter his being so all good hearted and all. Some family is everything and other family is nothing.
Posted this on the incorrect article, so reposting. Sorry for the repetition:
I’m glad the ruling went this way, but given that others have been ordered to actual jail for acts that Hunter has actually committed *recently* (subpoenas), and given that his sentence will be tantamount to ruffling the l’il scamps hair, I have to be of the mind that this is optics to stave off critics of two tiered justice, and to somehow ‘legitimize’ the Trump verdict. The DOJ’s farce of an internal audit doesn’t exactly dissuade me.
I think it’s important to understand that at this point, the DNC and its allies do nothing without specific intention; Nancy confirmed that as well on her daughter’s video. Sorry to be so cynical, but I am not celebrating a rare victory; this is more of the same malfeasance, IMO.
Do not take your eyes off the ball.
PS – and yes, just as in past history, a group of power hungry people like our modern left CAN be this insidious and pernicious rather than just ‘careless’.
Hunter’s many crimes were ignored. Merrick Garland instead offered Americans this pathetic gun trial so as to make us believe justice exists in America.
As long as Congressman Eric Swallows-well isnt charged with treason for diddling with a Chinese spy, Hillary Clinton is charged for a coup de etat against Donald Trump, and Nancy Pelosi isnt arrested for her circus Jan 6 circus and then destroying the evidence therein, there will not be an American with half a brain who believes in the DOJ.
U.S. banks flagged over 150 transactions involving Biden’s brother or son for further review
More than 150 transactions involving either President Biden’s brother James Biden or son Hunter Biden’s global business affairs have been flagged for further review by U.S. banks. Some of the transactions were flagged because large wire transfers were involved. CBS News senior investigative correspondent Catherine Herridge joined “CBS News Mornings” to discuss.
APR 7, 2022
https://www.cbsnews.com/video/us-banks-flagged-over-150-transactions-involving-bidens-brother-or-son-for-further-review/
The prosecution proved their case.
The defense did not prove their case.
First time offense, 15 months prison, out in 7 with good behavior at a minimum security prison and community service.
He should get a lot more–let’s not forget: (a) it’s obvious he’s a tax cheat, (b) he was kicked out of the Navy for drug use and (c) the FARA issue. Personally, this slimeball should be maxed the f out.
So you want to punish Hunter for a crime you believe he committed but which he has not been convicted of? Really? Is that what “rule of law” means to you?
LMAO this is rich!!
Which law was Trump not convicted of, but is being punished for???
The judge is unlikely to consider much of that
But she will be influenced by the fact that he has gotten a lot of get out of jail free cards in the past
I was assuming that Hunter would walk with a slap on the wrist at best. But when I looked up the Judge’s background I revised that assumption, as she is no lockstep Progressive. Still, as a first offender, and for what is really a procedural crime, I don’t expect serious jail time. Still, I now expect the judge to impose a reasonable punishment, taking into account that the Hunter wasted the court’s time with a frivolous defense when he should have just pleaded guilty and taken a fine and probation.
The blackmail Donald Trump has on some of these Republicans must be absolutely devastating.
That’s because the KGB spent the last 35 years collecting it
What trump has on republicans is that when he is gone democrats will do the same to any republican and they do not have 7B to fight law fare
RL Boat
This is all just a distraction. Don’t look here. CPI down from ‘3.4’ to 3.3 Wow, Bought 2 Lemons (at Schnucks in St. louis) for $1.29 each No more inflation. System of justice works fine. All’s well, Praise Joe Biden …. We gonna be fine !
Dear Professor Turley: this entire case was constructed, by Joe Biden, for the sole purpose of acquiring a prison sentence for Hunter and thereby proving that “no one is above the law.” Which will quell complaints when they throw Trump in Riker’s Island.
It’s really not THAT hard to understand.
Obviously, Hunter will do the time strictly necessary in some kind of minimum security resort before the election at which point he will be pardoned.
In jail, Hunter will have an opportunity to loose access to rx’s and might be able to kick the addiction thing perminately. It seems likely that he’s on the road to drug overdose. If Joe’s smart, he explain a short jail term as “Tough Love”, then pardon the Hunter after 6 months or so.
LOL!!! The “If Joe’s smart…” line and “Tough Love” thing is like something from a SNL skit. Rich!
Sounds like you have reason to believe Mr. Magoo will still be president 6 months after his son would be sentenced. You’re talking about maybe 10 months to a year from now. While we all know that if DJT survives till Inauguration Day, and a legitimate election accidentally occurs, Joe will not be president on January 21, 2025.
I certainly do not discount the possibility that the DNC and deep state can rig another election, but a year from now, the old demented grifter, if still alive, won’t know how to find his way from the White House residential quarters to The Oval Office; he probably doesn’t now.
Hunter is a sideshow. One way or another, he’ll skate. And as for Joe, one way or another, the puppet masters will put him out to pasture in less than a year.
-John Underwood