Joe Biden’s Son Faces Indictment: Will the Second Amendment Save Him?
The recent indictment of Hunter Biden for falsifying a gun application was inevitable after the judge rejected the original plea bargain. However, this doesn’t necessarily mean that a full-blown trial will take place.
Here’s what is likely to happen: Hunter Biden’s legal team will attempt to negotiate a new deal where he admits to the factual allegations in the indictment but argues that these allegations cannot be prosecuted as a crime under the Second Amendment.
Furthermore, Biden’s lawyers may claim that the indictment constitutes double jeopardy since he had previously agreed to diversion for the offense. This type of plea, known as a stipulated plea, acknowledges the truth of the basic facts while challenging the law.
If the stipulated plea is accepted, Hunter Biden can appeal the inevitable guilty verdict and raise issues related to the Second Amendment and double jeopardy, potentially even in the Supreme Court. However, both the prosecutor and the judge must agree to this type of plea, and they may refuse.
In that case, Biden and his lawyers would have to decide whether to plead guilty, possibly in exchange for probation, or plead not guilty and face a full trial that they would likely lose.
It’s important to note that individuals in Biden’s situation are rarely prosecuted for misstatements on their gun applications, even deliberate ones. If they are prosecuted and plead guilty, they usually receive a probationary sentence, especially if they have no prior relevant offenses.
The original plea bargain aimed for a diversionary judgment without a guilty plea or conviction on Biden’s record. While this indictment raises the stakes, it’s unlikely to result in imprisonment, especially without a full trial.
Additionally, Hunter Biden may face another indictment for alleged failure to pay taxes on time for several years. However, first-time offenders who eventually pay their taxes are typically not criminally prosecuted for this offense.
When prosecution does occur, it often leads to a plea bargain and a probationary sentence. While the statute of limitations may have passed for other potential crimes, investigations into Biden’s recent business history are likely ongoing.
There is also a slim possibility that Attorney General Garland could appoint a special counsel to investigate connections between Hunter Biden and his father, based on allegations made by Republican politicians and press pundits. However, this scenario seems unlikely.
If Speaker McCarthy opens an impeachment investigation, it could potentially provide evidence that warrants the appointment of a special counsel. But without such developments, the most probable outcome is some form of plea deal to avoid a full trial in the gun application case and any potential tax case.
If a full trial were to occur in the gun permit case, it would likely coincide with the presidential campaign season, around the same time President Trump would be on trial. Similarly, if there is an indictment in the tax case and a plea of not guilty, that trial could also take place during the run-up to the 2024 election.
It remains to be seen how these trials will influence the 2024 presidential campaign. However, they will undoubtedly be impacted by the charges against Hunter Biden and the uncharged allegations regarding his business affairs, which Republicans will likely use to counteract the charges against Trump.
One thing that seems relatively certain is that President Biden will not pardon his son before the election, as it would be politically unwise. Unfortunately, the upcoming presidential campaign is likely to focus as much on the criminal justice system as it does on the economy, foreign policy, immigration, and other crucial issues.
Alan M. Dershowitz is the Felix Frankfurter Professor of Law, Emeritus at Harvard Law School, and the author most recently of The Price of Principle: Why Integrity Is Worth The Consequences. He is the Jack Roth Charitable Foundation Fellow at Gatestone Institute and also the host of “The Dershow” podcast. This piece is republished from the Alan Dershowitz Newsletter. The views and opinions expressed in this commentary are those of the author and do not reflect the official position of the Daily Caller News Foundation.
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4 election and the public’s perception of Joe Biden’s presidency. However, it is clear that the Second Amendment may play a significant role in shaping the outcome of Hunter Biden’s legal battles.
How might the public’s perception of Joe Biden’s presidency be influenced by his stance on the Second Amendment and its potential implications on Hunter Biden’s legal battles?
The public’s perception of Joe Biden’s presidency and his stance on the Second Amendment may not directly influence his son Hunter Biden’s legal battles unless there is a significant connection between the two issues. However, there are a few hypothetical scenarios that could potentially shape the public’s perception.
1. Gun rights advocates: If Joe Biden takes a strong and restrictive stance on the Second Amendment, it could lead to increased opposition from gun rights advocates. This could result in those who strongly support the Second Amendment viewing his presidency negatively. However, the influence on Hunter Biden’s legal battles would be minimal unless there is an explicit connection between the two issues.
2. Criminal justice reform: Joe Biden’s stance on gun control may influence his broader approach to criminal justice reform. If he takes a lenient stance on the Second Amendment, it may be perceived as an indication of a more progressive approach to criminal justice. This could lead some individuals to view his presidency positively, particularly those who advocate for reforms that benefit individuals like Hunter Biden facing legal challenges.
3. Political polarization: The public’s perception of Joe Biden’s stance on the Second Amendment and its implications on Hunter Biden’s legal battles could become highly polarized. Media outlets and political commentators from different sides may attempt to connect or interpret these two issues in ways that reinforce existing biases and divisions. Consequently, public opinion may be influenced by the lens through which individuals consume information, rather than a direct link between these two topics.
It is important to note that these scenarios are speculative, and the public’s perception is multifaceted and influenced by a wide range of factors beyond the Second Amendment and Hunter Biden’s legal battles.
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