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PaperclipPerfector  1yr ago (text post)   33841 thread views

Culture War Roundup for the week of June 19, 2023

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In an interesting development in US politics, Hunter Biden has apparently reached an agreement with the Justice Department that will allow him to avoid felony firearms and tax charges in exchange for pleading guilty to two misdemeanors.

Hunter Biden Reaches Deal to Plead Guilty to Misdemeanor Tax Charges

Hunter Biden agreed with the Justice Department on Tuesday to plead guilty to two misdemeanor tax charges and accept terms that would allow him to avoid prosecution on a separate gun charge, a big step toward ending a long-running and politically explosive investigation into the finances, drug use and international business dealings of President Biden’s troubled son.

Under a deal hashed out with a federal prosecutor who was appointed by President Donald J. Trump, Mr. Biden agreed to plead guilty to misdemeanor counts of failing to pay his 2017 and 2018 taxes on time and be sentenced to probation.

The Justice Department also charged Mr. Biden but, under what is known as a pretrial diversion agreement, said it would not prosecute him in connection with his purchase of a handgun in 2018 during a period when he was using drugs. The deal is contingent on Mr. Biden remaining drug-free for 24 months and agreeing never to own a firearm again

Right-wing political factions are upset with this agreement. I believe the core argument is best exemplified by Andrew McCarthy at the National Review

The Intentionally Provocative Hunter Biden Plea Deal

Under Justice Department policy, even with a plea agreement, the government is supposed to seek a plea to the “most serious,” readily provable “offense that is consistent with the nature and full extent of the defendant’s conduct.” Hunter Biden committed tax offenses that could have been charged as evasion, which is punishable by up to five years’ imprisonment for each count. Furthermore, he made a false statement that enabled him to obtain a firearm; that’s a ten-year felony under legislation pushed through by then-senator Joe Biden to show how very serious Democrats are about gun crime.

Biden apologists have tried to minimize that transaction as a “lie and try” case, which they say is often not prosecuted. But such non-prosecution (though it shouldn’t happen) occurs because of what you’d infer from the “try” part — i.e., the liar got caught and failed to obtain the gun. Hunter’s case, to the contrary, is a lie and succeed case. He got the gun. What’s more, he was then seen playing with it while cavorting with an “escort” (see the New York Post’s pictorial, if you’ve got the stomach for it). Shortly afterwards, he and his then-paramour — Hallie Biden, the widow of his older brother — managed to lose the gun near a school (it was later found by someone else).

Those are the kinds of gun cases that get charged by the Justice Department even if the suspect hasn’t, in addition, committed tax felonies by dodging taxes on the millions of dollars he was paid, apparently for being named Biden.

I have seen arguments and counter-arguments flying around the internet about the appropriateness of this legal action. Those in favor argue that any non-violent offender would be offered a lenient deal. Those arguing against reference past cases for tax crimes and paperwork-related firearms offenses that resulted in far more grievous punishments. In both cases, the other side argues that since the facts of the cases do not map 100% perfectly to this one, they cannot be used as precedent for deciding the fairness of this action.

What do you think? Was this action fair, in an ethical sense? Was this action within precedent, and if so, what other historical actions are you using as your guideposts? Do you think the choice to offer pretrial diversion was politically motivated? I'm interested to hear your opinions.

Those in favor argue that any non-violent offender would be offered a lenient deal.

Is that true? Would a random citizen from Sticks, IA get a "diversion program" if he violated firearms laws, while on drugs, didn't pay taxes for several years and also has been involved in a million-sized international bribery scheme, and there were actual multiple witnesses and documents confirming it? Or would he been sent to jail for many years? "Non-violent" alone doesn't cut it - Bernie Madoff didn't hurt a fly, violently, as far as we know it. If the answer is the latter, then we have a problem. We have a two-tier justice system, which is extremely hardcore and unforgiving for plebes and soft and gentle for patricians.

the other side argues that since the facts of the cases do not map 100% perfectly to this one

No two cases ever map 100%. Still, a competent and experienced person would be able to estimate what the prosecution usually requests in similar cases - and, in fact, there are multiple guidelines and procedures about establishing the punishment for such cases. There's certain wiggle room when it comes to plea bargaining, but these things are not arbitrary.

Was this action fair, in an ethical sense?

Absolutely not. Biden got a sweatheart deal, and he got it explicitly and brazenly, to show us all - again and again - that the elites are above the law, and that even is the case where the crimes are known, well documented and undeniable, the Deep State would protect their own and ensure there's no consequences for anything, and they wouldn't even hide it too much, because what we're gonna do? Tweet harder about it? Produce more memes? Note that the main scandal - the bribery schemes - aren't even touched. We had multi-year multi-million hyper-hyped investigation of Trump over much flimsier evidence. Here all the efforts of the law enforcement so far have been directed to burying the case (and insinuating those that want to investigate are foreign agents, and getting them silenced) rather than investigating it. It's not even in the same universe with "ethical" or "fair".

Was this action within precedent

Mostly, yes. There is a long history of political favoritism and elites getting away with all sorts of criminal behavior. We like to pretend we try to do better, usually, but in this case all pretenses are being dropped and the corruption is shoved in our faces with all its naked ugliness. Half of the country is cheering it, because it's their team is getting away with it, so they "owned" the other side. The other half is seething helplessly, suffering what they must and being unable to change anything. This is a completely routine thing for many countries and times, and happened in the US before. It's not a healthy state for the society, it's not where any ethical person wants the society to be, it's likely to end badly and cost us a lot, but yes, it's "within precedent", just as crime and corruption are within precedent - Bidens did not invent either.

Do you think the choice to offer pretrial diversion was politically motivated?

There's an Arab (supposedly) parable: One asked a camel: "Why your neck is so crooked?" and the camel answered: "What in me isn't crooked?"

Of course it's politically motivated. Everything around Bidens is politically motivated. The question is what policy it reflects. The current development reflects the policy of "the elites are above the law". It could reflect the policy of "there are things that are too much even for a prince" (not likely, but could happen in theory) or even "the law applies equally to everybody" (rrrrriiiiight...) but it obviously didn't happen.

The main thing to note is that Hunter's main advantage was having the money to pay the tax debt. That is where his status and connections distinguish him. I don't know where he got that cash.

Hollywood attorney Kevin Morris loaned him the money to make the tax payment and has apparently been bankrolling his housing and travel for a few years now.

And I'm pretty sure he's not doing it out of charitable reasons. But of course, nobody is interested in investigating that.

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