Hunter Biden : A stand-alone prosecution is not often based on the central charge in the federal case against the president’s son: that he lied about using drugs when he applied for a weapon.
In a recent development that has captured the attention of the public and media alike, Hunter Biden, son of President Joe Biden, is facing unusual gun charges that have raised several questions about the circumstances surrounding the case. This article delves into the details of the charges and seeks to provide an understanding of why these charges are considered unusual.
The Background
The controversy began in October 2018 when Hunter Biden, the son of then-Vice President Joe Biden, allegedly purchased a .38-caliber revolver from a licensed firearms dealer in Delaware. What makes this purchase remarkable is not the acquisition of the firearm itself, but the subsequent events that unfolded.
Hunter Biden, son of President Joe Biden, has been prosecuted by the Justice Department for the first time in US history in connection with a firearm he bought in 2018. The charges were brought by special counsel David Weiss. The three counts include unlawful possession of a firearm by a banned person and making false statements on a federal firearms form.
After his initial plea agreement fell through, the situation has taken an unprecedented turn, possibly setting up a spectacular trial during his father’s 2024 reelection campaign.
On the surface, Hunter Biden seems to be in danger of receiving a sentence of up to 25 years in jail and $750,000 in penalties if he is found guilty of the three gun-related allegations that federal prosecutors filed against him on Thursday.
Few people who fit Mr. Biden’s description — a first-time, nonviolent offender accused of lying on a federal firearms application — receive significant prison time for the crimes alleged in the indictment. In his case, the gun in question was a Colt Cobra.38 that he held onto for less than two weeks five years ago.
The Alleged Incident
According to reports, the gun Hunter Biden purchased in 2018 was later discarded, and it ended up in the trash bin of a grocery store in Wilmington, Delaware. This discovery raised questions about why the firearm was abandoned and what circumstances led to its disposal.
According to court documents, Hunter Biden may theoretically be sentenced to up to 25 years in jail and penalties of up to $750,000 if found guilty on all counts. However, defendants seldom ever receive the maximum punishment, particularly in situations like these where non-violent offenses were allegedly committed by a first-time offender. According to court documents, a federal grand jury in Delaware handed up the three-count indictment on Thursday.
- Count Hunter Biden is charged with lying on an ATF form when he purchased the firearm, ostensibly claiming that he wasn’t addicted to or using illicit narcotics.
- Count Hunter Biden is charged with misrepresenting to the federally authorized Wilmington gun dealer from whom he purchased the weapon in Two. The identical sworn declaration on the ATF form was the subject of the alleged falsehood.
- Count According to Three, Hunter Biden unlawfully owned the pistol while abusing or addicted to narcotics, which is a federal offense. In 2018, he had control of the weapon for 11 days.
The Unusual Charges
The gun-related charges that Hunter Biden is facing stem from this incident. However, the charges themselves are somewhat unconventional. He has been charged with:
1. Possession of a Firearm by an Unlawful User/Addict of Controlled Substances
This charge alleges that Hunter Biden, due to his history of substance abuse, was an unlawful user of controlled substances at the time he purchased the firearm. Federal law prohibits individuals who are unlawful users or addicts of controlled substances from possessing firearms. It is this charge that has garnered significant attention and debate.
2. False Statements on a Firearm Background Check Form
The second charge against Hunter Biden pertains to the alleged false statements made on the background check form when purchasing the firearm. It is alleged that he answered “no” to a question asking if he was an unlawful user of or addicted to any controlled substance, which is a required disclosure when purchasing a firearm.
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What Happens Next?
The arraignment of Mr. Biden in Wilmington federal court has not yet been scheduled.
There’s a chance the matter may go to trial. It’s also conceivable that a federal court may order the two sides to negotiate a pretrial diversion agreement, or plea bargain, like the one Mr. Biden’s attorneys worked out with David C. Weiss, the chief federal prosecutor in Delaware.
In exchange for Mr. Biden abstaining from drugs for 24 months and promising never to carry a gun again, the Justice Department agreed not to prosecute him over the pistol purchase.
The contract was brokenred by Mr. Weiss, who was appointed special counsel after the accord fell down during a dismal court session in late July, and it was more advantageous to Mr. Biden than any bargain he would now get. At the time, Mr. Biden’s attorney said that the agreement provided a broad assurance of immunity from prosecution in the weapons matter as well as any prospective accusations related to Mr. Biden’s work for foreign corporations.
The indictment is “barred” by the prior agreement, according to Mr. Biden’s attorney Abbe Lowell, whose claims that the terms of the earlier agreement are still in effect. On his request, the judge in the case has not yet made a decision.
Republicans described the initial plea offer as a “sweetheart deal” and evidence that the Justice Department was trying to shield the president’s son, despite the fact that Mr. Weiss was chosen by former President Donald J. Trump to conduct the investigation. The matter has been mentioned by House Republicans’ Speaker Kevin McCarthy as one of the grounds for starting an impeachment investigation on Vice President Biden.
The Unanswered Questions
The unusual nature of these charges has led to various questions and speculations:
1. Was the Disposal of the Firearm Connected to Hunter Biden’s Substance Abuse Issues?
One of the primary questions is whether the disposal of the firearm was somehow related to Hunter Biden’s well-documented struggles with substance abuse. If so, this could shed light on the context of the charges.
2. Why Was the Firearm Discarded?
The circumstances surrounding the disposal of the firearm remain murky. Understanding why the gun was thrown away could provide critical insights into the case.
3. The Political Implications
Given Hunter Biden’s familial connection to President Joe Biden, the case has inevitably taken on political dimensions. Critics of the President argue that this case should be scrutinized more closely, while others contend that it should be treated like any other legal matter.
Conclusion
The gun charges against Hunter Biden are indeed unusual and have sparked intense discussions. While the case itself centers around gun possession and false statements on a background check form, it also raises broader questions about substance abuse, the disposal of the firearm, and the potential political ramifications.
It is essential to remember that, like any legal case, the details will emerge through the legal process. Until then, the public is left to speculate on the intricacies of a situation that has undoubtedly captured the nation’s interest.
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