Hunter Biden’s Multiplying Charges Exemplify a Profound Threat to Trial by Jury

“contrary to the impression left by movies and TV shows, criminal cases almost never go to trial. In the United States, nearly 98 percent of criminal convictions result from guilty pleas”

https://reason.com/2023/12/13/the-multiplying-charges-against-hunter-biden-exemplify-a-profound-threat-to-trial-by-jury/

The indictment of Hunter Biden isn’t really about gun charges

“The indictment is brief because the underlying situation is quite simple. When Hunter bought the gun, he filled out a form saying he was not a drug user, when in fact he had a serious addiction at that time. Prosecutors assert that this violated three different laws — two false statements laws, and one law banning firearm possession by a drug user.
But the legal and political saga surrounding the indictment is much more complicated. Initially, prosecutors weren’t going to charge Hunter in the gun case at all. They did so only after the lead prosecutor, David Weiss, shifted to a more aggressive posture after a plea deal he’d struck with Hunter’s team fell apart. The question is why, exactly, that plea deal fell apart.

The Hunter Biden investigation has had about as messy a year as could be imagined. In May, two IRS officials involved in the probe went to Congress as whistleblowers to argue that Weiss’s team wasn’t being aggressive enough. In July, Weiss’s team presented their plea deal with Hunter before a judge — who refused to accept it, telling both sides to clarify some of its provisions after a dramatic public hearing.

Then, in August, talks between Weiss’s team and Hunter’s attorneys to finalize that deal collapsed. Hunter’s team has claimed that Weiss tried to belatedly change the deal’s terms on them — offering Hunter much more limited immunity from prosecution — after criticism from Republicans that he wasn’t being tough enough on the president’s son.

Whatever the reason for Weiss’s shift, there’s likely more to come from him. Last month, Weiss, who is the US Attorney for Delaware, requested that Attorney General Merrick Garland grant him special counsel status as well, and Garland agreed. Weiss has suggested in court filings that he intends to charge Hunter with tax crimes as well.”

“The decision to charge here is not because this gun incident suddenly became more serious. It’s because prosecutors have now decided to go after Hunter more aggressively, after the political pressure and the plea deal’s collapse.

There’s nothing unusual about prosecutors charging more crimes after a plea deal falls apart. The mystery here remains why, exactly, the plea deal fell apart. If the main reason is simply that, due to political pressure from Republicans and embarrassment over the IRS officials’ claims, Weiss’s team got cold feet on a deal they’d agreed to — that wouldn’t make them look so great.

If the main reason is instead that, due to confusion or incompetence on his team, he belatedly concluded the initial deal with Hunter had been far too generous — well, that wouldn’t make him look so great either.”

https://www.vox.com/politics/2023/9/14/23873922/hunter-biden-indictment-gun-david-weiss

Filed under: Politics Republicans’ thin corruption case against Joe Biden, explained

“Whatever you may think about the impeachments of Donald Trump and Bill Clinton, they were at least impeached for things they verifiably did.
But Joe Biden may become the first president to be impeached entirely because of an unproven theory.

Republicans, and allies of Donald Trump in particular, have spent five years searching for the proof that will vindicate their long-held assertion that Joe Biden was corruptly in cahoots with his son, Hunter — being paid off by foreign interests and skewing US policy to support them.

Yet while much has emerged about Hunter’s sordid personal life and dubiously ethical behavior, Republicans have been unable to hang anything significant on his father.

Don’t take it from me. Take it from Rep. Ken Buck (R-CO), who wrote this month: “What’s missing, despite years of investigation, is the smoking gun that connects Joe Biden to his ne’er-do-well son’s corruption.”

Of course, the GOP’s impeachment effort isn’t really about what the evidence shows — it’s political. What’s really behind this is that the hard right has been demanding aggressive action against Biden, Trump wants payback for his own two impeachments, and Speaker Kevin McCarthy is struggling to hold off threats to his speakership. The evidence is largely beside the point.”

“As far as Joe’s relationship with Hunter’s business partners, the investigation has revealed the following: the vice president occasionally spoke to some of Hunter’s business associates at golf outings and dinner events. Sometimes he called Hunter to say hello during Hunter’s business meetings, and Hunter put him on speakerphone, but Joe wouldn’t talk business. Officials in Biden’s office forwarded information about White House events to Hunter. Joe once wrote a college letter of recommendation for the son of a Chinese executive in business with Hunter.”

“did Joe actually make Hunter give him half his salary?

In the laptop material, there are many resentful tirades from Hunter about how much he does for his family and how unappreciated he is, often laden with exaggerations and persecution fantasies (usually coming when family members were trying to get him off drugs).

There is evidence of some intermingling of Joe’s finances with Hunter’s. Eric Schwerin, who Hunter had hired to help with his finances in the mid-2000s, also assisted Joe Biden with managing his finances when he was vice president. Hunter covered some expenses for Joe, like home repairs and cell phone bills.

And Hunter claimed in another text that his dad had long used one of his accounts. “My dad has been using most lines on this account which I’ve though the gracious offerings of Eric [Schwerin] have paid for past 11 years,” he texted in 2018.

But there’s no documentation of anything remotely near half Hunter’s (sizable) income, or any sort of set percentage, going to Joe. The covering of expenses that’s been documented seems to have been more informal — Hunter, the highest-earning Biden, picking up the tab for his dad, or setting some bills on autopay.”

“there’s no evidence that the US policy of pushing for Shokin’s ouster was meant to protect Burisma. As many US officials testified back during the Trump impeachment inquiry, the US government had concluded Shokin was corrupt for other well-documented reasons, and wanted him gone.”

“if Zlochevsky had secretly agreed to pay Joe Biden $5 million while he was vice president, that would be a huge scandal. But did it actually happen?

Currently, there’s not a shred of evidence that it did happen. Of course, Zlochevsky did say it was done so amazingly secretly that it will be impossible to find, which is… convenient.

Here’s another problem. The FBI document states that the informant had already briefed the Bureau on one of these talks with Zlochevsky several years ago. Back then, though, the informant didn’t mention any salacious bribe claims. Only years later, well after Trump had publicly been trying to make Biden and Burisma a huge scandal, and that the Justice Department was investigating it, did the informant “recollect” these juicy Zlochevsky claims.

Another issue is that the informant says he barely knew Zlochevsky, so this level of purported candor may seem odd. “CHS explained it is very common for business men in post-Soviet countries to brag or show-off,” the document reads.

In any case, all we have here is a claim. No evidence has emerged to prove that claim true.”

“Hunter messaged back, “I am sitting here with my father and we would like to understand why the commitment made has not been fulfilled.” He continued in a threatening vein: “I will make certain that between the man sitting next to me and every person he knows and my ability to forever hold a grudge that you will regret not following my direction.”

It reads like a shakedown, and indeed, the Chinese company would send over $5 million a few days later. Was Hunter actually speaking on behalf of his father, as he appeared to imply, or again simply throwing his name around without his knowledge? When these messages emerged, an attorney for Hunter said that “any verifiable words or actions of my client, in the midst of a horrible addiction, are solely his own and have no connection to anyone in his family.””

“All of this is extremely messy and shady on Hunter’s part. It’s clear Hunter Biden wanted people to think his father was deeply involved in his dealings.

But again, evidence of Joe Biden’s actual involvement is absent.”

https://www.vox.com/politics/2023/9/28/23870322/biden-impeachment-hunter-shokin-big-guy-half-salary

Hunter Biden’s plea deal, explained

“There is nothing inherently illegal about accepting money from foreign interests if you are a private citizen and your dad is a famous, powerful person. But you do have to pay taxes on it. And according to the New York Times, a federal inquiry into whether Hunter had properly paid his taxes began back during the Obama administration. Then, in 2018, the tax inquiry became a broader federal criminal investigation into Hunter.”

“In 2018, during a period in which Hunter has admitted to having a serious drug addiction (he wrote a book about it), he bought a gun. In connection with that purchase, he filled out a federal form and attested that he was not a drug user. The gun became an issue when his sister-in-law became concerned he might harm himself and threw it in an outdoor trash can, where it was discovered and reported to police. Texts from his laptop make clear he was not particularly stable at the time, but no one was hurt.”

Don’t Let the House Hunter Biden Investigation Become a Russiagate-Style Search for Election Excuses

“Republicans have long insisted that not only did Hunter use his father’s name to secure foreign business deals for himself but that Joe Biden was in on the game. There is evidence for the former, and not for the latter. Regardless, the first people lawmakers might want to question are those intimately involved with Hunter Biden’s business dealings, right?
Apparently not. First up, per a Politico report, are three former Twitter employees.

Comer has invited former Twitter Deputy General Counsel James Baker, former Global Head of Trust and Safety Yoel Roth, and former Chief Legal Officer Vijaya Gadde to the hearing to testify about Twitter’s decision to temporarily block a New York Post story about Hunter Biden in 2020.

That decision was recently dissected at length in the Twitter Files, a series of reports based on internal documents that Twitter CEO Elon Musk has shared with a small group of journalists. The documents reveal Twitter executives engaged in ample deliberation and debate about how to handle the story, primed by warnings from the (Trump-era) Justice Department about the possibility of fake news being spread by foreign adversaries.

It’s pretty clear that Twitter’s decision to suppress the story—ultimately a wrong decision, albeit also a very short-lived one—was very much a product of people trying to avoid repeating the mistakes of 2016. Authorities were on high alert—perhaps to the point of paranoia—about foreign propaganda that might influence the 2020 electorate. And tech companies, having just lived through years of being excoriated for letting foreign propaganda spread in 2016, were extra sensitive to allegations that they might let it happen again.

But Republicans seem to desperately want there to be more to this story. For it to serve as a smoking gun against Joe Biden, tech companies, or both. For it to be a tidy explanation as to why Biden won in 2020.”

“Twitter made the wrong call with the story, yes. But it did so temporarily, with much deliberation, influenced by authorities in the Trump administration, and to the effect that the Hunter Biden story got even more attention. The idea that Joe Biden would have lost the election had this not happened is crazy. And the idea that Biden himself helped cover it up because he’s hiding something about his own business dealings lacks any evidence.

But these narratives are also very beneficial to Biden’s enemies. And Republicans seem determined to wring every last bit of political capital possible out of them.

Once again we’re reminded that the people in power—no matter which side that is—are more focused on making excuses for their own shortcomings and slinging mud at the other side than actually doing the hard work of becoming a faction more Americans can get behind.”

Elon Musk and Matt Taibbi Reveal Why Twitter Censored the Hunter Biden Laptop Story

“The thread contains fascinating screenshots of conversations between various content moderators and company executives as the laptop story debacle was unfolding. But given how massively Musk hyped the revelations, the results are a tad disappointing, and mostly confirm what the public already assumed: A (still unidentified) employee or process flagged the story as “unsafe” and suppressed its spread, and then Twitter moderators devised a retroactive justification—violation of a “hacked materials” policy—for having taken such an extraordinary step. Then-CEO Jack Dorsey was largely absent from these conversations; Vijaya Gadde, Twitter’s former head of trust and safety played “a key role.” None of this material is groundbreaking; it’s already well-known.
To be clear, it’s useful to see some of these internal messages. They confirm that Twitter’s various departments—communications, moderation, senior management—horrendously mismanaged the entire affair. They were not all on the same page: Vice President of Global Communications Brandon Borrman, for example, was immediately unconvinced by the “hacked materials” justification.”

“The most interesting revelation in Taibbi’s thread is that Twitter’s top executives were warned, over and over again, that this decision was going to create a backlash like nothing they had ever seen before. Rep. Ro Khanna (D–Calif.), a progressive lawmaker, repeatedly emailed a Twitter communications staffer to complain that the firm was violating “1st Amendment principles.” (He raised some very valid points in his communications with the company, though strictly speaking the First Amendment does not apply in this situation.) NetChoice, a tech industry trade association, explicitly told Twitter that this would be the company’s “Access Hollywood moment.” (Unlike Twitter, both Khanna and NetChoice come off looking pretty good in all this.)”

The Consequences That Hunter Biden Could Face for Violating Arbitrary Gun Laws Should Give His Father Pause

“In an interview with CNN’s Jake Tapper..President Joe Biden conceded that his son Hunter lied on a government form when he purchased a handgun in October 2018—a federal felony punishable by up to 10 years in prison. The younger Biden was a crack cocaine user at the time, as recounted in his 2021 memoir Beautiful Things. Yet he answered no to this question on ATF Form 4473: “Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?”

..

” The Washington Post reported that federal agents believe they have enough evidence to charge Hunter Biden with making that false statement. Although the Post did not mention it, receiving and possessing the gun he bought was also a felony, which at the time likewise was punishable by up to 10 years in prison. The Bipartisan Safer Communities Act, which President Biden signed into law in June, raised the maximum penalty for that offense to 15 years.

Biden presumably does not think his son should go to prison for lying about his personal habits or for violating a federal law that prohibited him from owning a gun. Neither do I. But if that result would be unjust, why does Biden enthusiastically support the laws that allow it?

Under those laws, someone in Hunter Biden’s position, if convicted, can be sent to federal prison for years or decades. Furthermore, such a conviction would forever bar him from possessing firearms, whether or not he continued using illegal drugs. If he were caught with a gun after being convicted of a felony, he could be prosecuted again, in which case he would now face up to 15 years in prison. And he would carry all the other lifelong burdens of a felony record.”

“The federal prohibition of gun possession by unlawful users of controlled substances also applies to cannabis consumers, even if they live in states that allow medical or recreational use of marijuana.”