Hunter Biden
Hunter Biden, Shutterstock image

Without the diversion agreement, [Special Counsel David] Weiss is free to prosecute [Hunter] Biden on the gun charge as well as the tax charges. That will raise a constitutional issue, since the gun charge is based on a statute that arbitrarily strips peaceful Americans of their Second Amendment rights based on their choice of politically disfavored intoxicants. That prohibition applies not only to crack users like Biden but also to cannabis consumers, regardless of whether they live in states that have legalized marijuana.

Two federal judges have concluded that the gun law Biden violated is inconsistent with “this Nation’s historical tradition of firearm regulation”—the constitutional test that the Supreme Court established last year in New York State Rifle and Pistol Association v. Bruen. Last week, the U.S. Court of Appeals for the 5th Circuit agreed with that assessment, overturning the conviction of a Mississippi man who was caught with two guns and the remains of several joints during a routine traffic stop in April 2022.

The defendant in that case, Patrick Darnell Daniels Jr., received a prison sentence of nearly four years. Under Biden’s proposed diversion agreement, by contrast, he would have avoided any sentence at all.

Those starkly unequal outcomes reinforce the impression that Biden got a “sweetheart deal” because he is the president’s son. But they also illustrate the wildly uneven application of this rarely enforced statute. Although the potential defendants include millions of gun-owning drug users, violators are almost never caught. And if they are unlucky enough to be prosecuted, their punishment can range from a slap on the wrist to years behind bars.

Whether or not Biden benefited from his father’s position when the Justice Department initially agreed to forgo prosecution on the firearm charge, he now faces a potential prison sentence because of a law his father views as a commonsensical restriction on gun ownership. Although Joe Biden says marijuana use should not be treated as a crime, his administration insists that marijuana users are so dangerous that they cannot be trusted with guns. And last year, the president signed a bill that increased the maximum penalty for his son’s crime while adding yet another potential felony charge for people who do what he did.

If the government pursues the gun charge against Hunter Biden, his lawyers reportedly told the Justice Department before his plea deal was announced, they will challenge the prosecution on Second Amendment grounds. That development would create an instructive clash between father and son, underlining the irrationality and injustice of a policy that the president stubbornly defends.

— Jacob Sullum in Without a Diversion Agreement, Hunter Biden Could Go to Prison Under an Arbitrary Gun Law His Dad Supports

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64 COMMENTS

  1. I love it when the shit these assholes support comes back to bite them in the ass.
    I also love it when they make a big show of crying and complaining that it’s not fair.

    Like the Chancellor in The Obsolete Man.

    • Nice reference. Any board of rational people should find that whole clinton/obama/biden dynasty to be obsolete. Lots of infighting, but all to get rich at our expense. My ideal society would have no place for any of them.

    • ONE of the biggest failing of the progtard socialists is that are totally unable to understand unintended consequences. That big gov will ALWAYS screw it up and the downside will be “interesting”.

    • I don’t see a party affiliated bureaucrat performing a career limiting move of prosecuting and convicting the President’s bagman.

  2. Brings to mind a very old expression; “ Foisted by his own Petard”, ( translates from old English to “wrecked by his own grenade).
    Looks like a win win here, either sleazy Hunter goes to jail or suddenly the law goes away.

    • Correction;
      “Hoisted by his own petard”, and “hoist” means lifted upwards by the blast of a bomb.

    • Or they bring out James Comey to smirk and wink at the cameras and say “No reasonable prosecutor” and all charges will be summarily dropped.

      You seem to think there are still laws. There aren’t. It’s all an enormous game of Calvinball. The only real rule is, “you reich wing tards always lose.”

      Hunter will walk or get a slap on the wrist, even as the FBI continues its fishing expedition against Trump, his entire extended family, his circle of acquaintances, and all of his big money donors.

      • And if they succeed, they will go after everyone else who opposes them. They will start with the most visible and effective opposition, but once the question “can we get away with this?” is answered affirmatively, the rest is just a matter of time and resources.

  5. His charge isn’t for having the firearm while being a crackhead. It’s for providing false information on the 4473.

    • “It’s for providing false information on the 4473.”

      Yep, lying under oath.

      Of course, that doesn’t get Democrats prosecuted with any regularity, but it’s not the issue that the gun is mentioning in the post.

    • Yes, good point. I guess Bruen and the 2nd amendment more generally wouldn’t apply to that.

  6. Hunter has benefited from many diversions, most of which he had to pay for – wink, wink.

    I see no reason why he should not pay this time as well.

    • I think these were just the misdemeanor “sweetheart deal” charges that Hunter was going to plea to rather than face the real charges which were much more serious. When the plea deal went up in smoke these lesser charges became pretty meaningless to pursue. Dropping them theoretically gives the prosection more resources to focus instead on just prosecuting the greater charges and not waste time and effort on fluff which carries very little in the way of penalties.

  8. We all know that The First Crackhead is not going to jail. Not in the Democratic Banana Republic that we are.

    • So would “diversion” be “electing” a senile old azzhole hellbent on destroying America & starting WW III? Jus’ sayin’🙄🙃

  9. As of August 7, 2023, President Joe Biden just took his 367th day of vacation in just 2.5 years, which sets a record compared to any other president in recent history.

    His handlers want him out of the way. What kind of person makes the conscious decision to vote for a senile puppet?

    • Because they voted against Trump and this was the only choice. Trump was the only loser in the country who could have lost to this senile old crooked geezer. The only other Democrat politician Trump could have possibly beat was Hillary since she is even more hated than he is. The only chance Trump has to regain the White House is if they try to run Hillary against him again. Even the Democrats aren’t that stupid.

      • So your answer is only deranged people would do that. I would add quite a few of the ignorant masses to that. Some people are so out of touch that they didn’t even know he was senile and corrupt. 10% of Puppet voters said they wouldn’t have voted for him had they known the “Russian disinformation” laptop data was actually true. That 10% would have been more than enough to swing the election in the other way. It’s almost like the propagandists and censors know what they’re doing.

      • “Lost.” Because the votes were “counted” by Ruby Freeman and Dale “Bigchoppadoe” Harrison.

        You sound like one of those civnat Boomers from ARFCOM. “I’m gonna VOOT harder next time! I’m VOOTing! I’m VOOOOOOOOOOOOOOOOTING”

      • “Trump was the only loser in the country“

        Not the only loser, but the biggest loser for sure.

        Of course, he claims he won everything.
        Just listen to his hour long call with Brad Raffensberger, he claimed the Republicans not only won the presidency, not only both houses of Congress but every single state house in America. What a fucking liar.

      • “Because they voted against Trump and this was the only choice.”

        They voted against the media caricature of Trump and got the real version of the caricature in Biden. People are stooooooopid.

        Seriously, which thing people claim to hate about Trump is not true about Biden? “Mean tweets” is literally the only thing I can come up with, and that’s only because Biden doesn’t personally tweet (he says plenty of horrible and mean things in person).

        • Well said Deoxy. They told us Trump was corrupt. They told us Trump would get us involved in wars. They told us the economy would tank as soon as he took office. They told us Trump was getting people killed during Covid. They told us Trump was oppressive. They told us Trump was a racist and a hoe_moe_phobe. Trump was the first president to come into office who’s always been okay with people being gay. Trump brought more minority voters into the Republican party. Biden is on record being all of the bad things they told us Trump was or would be.

          Kareem Jean Pierre tweets for the Puppet. We know that because she was speaking as Prez. Puppet the other day, but she accidentally did it from her account. Oops. The Puppet isn’t in charge of anything. Unelected bureaucrats are running the country. No one voted for that. Tell me more about a threat to democracy, propagandists.

  10. Hunter is protected by the DOJ, FBI, and Secret Service. I do not believe for a second he’ll go to jail.

    • They’re trying to run out the clock because any conviction would look bad. If it came down to it, he would be pardoned. They laugh about locking up peons (from the opposing party) for false statements when they knew it was a fraudulent investigation from the beginning. There’s never any accountability for the regime. There are only rewards.

      • Dept of “Justice” has already run out the clock/statute of limitations on several viable charges. OOPs “my bad/so sorry”

  11. Breaking news overnight: UPI reports “Judge formally dismisses tax charges against Hunter Biden.” — “The dismissal allows for Hunter Biden … to be charged with the same or new offenses that could be tested in trial.”

    Link caused my comment to get hung in moderation. I’m waiting to read a legal analysis of this action once the lawyer blogs get up to speed.

    • Huh. Only took an hour and a half for that post to clear moderation.

      How dare I link to another source!

  12. Chances are good what people know about jb, hb et al does not compare to what they don’t know.

    TRUMP 2024

  14. In fact it is not all that rarely enforced at all. Thousands of Americans each year get prosecuted for this very same crime and the ATF has a very high ratio of convictions with these.

      • “Lying to ATF on gun-purchase form yields few prosecutions, data shows“

        Correct, and the continued prosecution of Hunter Biden is nothing but political payback.

        Like the title of this article says:

        “Rarely Enforced“

        Unless you’re the son of a Democrat politician…

        • “… the continued prosecution of Hunter Biden is nothing but political payback.”

          Liar69er, you’ve stated that you’re in favor of law and order. Don’t you think that violators of the law should be held accountable and punished? Did H. Biden lie on his 4473 form — regardless if few are prosecuted for it?

          “Prosecution” does not mean “persecution.” The son of a President is not above the law. Lying on the 4473 was not the only charge that he was facing.

          Despite your great concern that the former President be held accountable for supposed violations of the law, you’re willing to apply a double standard and allow H. Biden special treatment. You’re nothing but a dishonest, two-faced liar.

        • Proves your HYPOCRASSY!!!!

          You believe the MARXIST/COMMUNIST/S O C I A L I S T/DEMOCATS “MUST” be treated different under the “RULES/LAWS”!!!!

        • Hunter Biden was prosecuted on the gun crime and agreed to enter a pre-trial diversion program through an arrangement with Trump appointed US attorney David Weiss.

          As the data you posted shows, less than one percent of those who lie on a 4473 are prosecuted, and as a matter of fact, Hunter Biden confessed to the crime rather than being apprehended.

        • “Hunter Biden was prosecuted on the gun crime and agreed to enter a pre-trial diversion program … Hunter Biden confessed to the crime…”

          Try to keep up, Liar69er — that “deal” is dead, and H. Biden didn’t plead guilty to the charge. His team was trying to negotiate a “sweetheart deal” where he would be immune from prosecution.

          Biden had agreed to sign a proposed diversion agreement in which he would admit to having illegally possessed a gun, but would not plead guilty to that crime — which was a felony, and therefore more serious than the two misdemeanor charges of failing to pay taxes. Such diversion agreements are typically applied to nonviolent offenders with substance abuse problems and do not require a judge’s approval.

          In the uncommon construction of Biden’s deal, however, the immunity clause was part of the diversion agreement, and the plea deal and diversion agreement referenced one another. — Washington Post

          Being a big “law and order” guy, you wouldn’t mind if President Trump’s legal team negotiated an immunity deal in one pending case that would prevent him from being prosecuted for any other charge of illegal action, I’m sure.

          Sauce for the goose.

        • Democrats: “No one is above the law.”

          Also Democrats: “Leave those rich, powerful, privileged white guys alone! You’re just picking on them!”

  15. hunter biden
    going to jail for anything
    for any length of time
    is just too good of a thing
    to even hope for
    its like flying on wings of wax
    too close to the sun

  16. Did you see where illegal Brazilian goldminers have jetpacks, and are terrorizing locals, by pretending to be aliens? In Peru!

    Shit happens.

  17. Time is running out for hunter. joe knows his son has enough on him to put him away.

    Expect hunter to die within the next 6 months.

    • Yeah, right.

      And all you Mokes predicted Joe Biden would die the day after he was inaugurated.

      And then it was, he’ll serve just under two years so Kamala get a full eight years… And then it was he’ll serve two years and a day, die and then Kamala will become president.

      He’s going to finish out his first term and might have a second, wow

      • You did a good job burning down that strawman you created, Liar69er.

        If you find us so dull and boring, you’re welcome to find another discussion board to torment.

        • miner is a paid whore. As long as those wealthy fascist billionaires are slipping him the coin he’ll show up here.

        • Yeah Liar 69er, there’s a Perjorer’s Anonymous meeting at the rec center right up the street from your house.
          Oh wait, I just made that up, can I hang with you and the rest of your social outcast group now ?

      • Yep showing you dilusions..

        Proves you are not just being “PAID” to “TROLL” this site but others..

        And you can’t keep your claims straight!!!

  19. It seems the writer has conveniently forgotten that Hunter’s lawyers have already said they will use Bruen ruling and the 2nd Amendment in their defense, if Hunter is charged with a gun crime…

  20. When I see any of the Bidens, or any of the corrupt Dementiacrats or the bureaucrats protecting them actually sentenced to and going off to prison time, will I believe the reports and news articles anything but wishful thinking. The domofascists and the bureaucrats will do anything to protect their own. Even if it means destroying the US and turning it into a burned out shell of what was once a great country. As long as they get to rule over the ashes.
    If the next Republican President doesn’t do a thorough house cleaning of the various executive branch agencies/bureaucracies, as well as the DOD and intel communities, he or she may as well as not bother showing up for work. And, yes, I know the Marxists/Democrats will scream fascism and tyranny until hell won’t have it.

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