Report: Hunter Biden plea deal will dismiss gun charge

AP Photo/Patrick Semansky

Hunter Biden’s purchase of a handgun at a time when he’s admitted to smoking crack cocaine on a regular basis will not be prosecuted, according to a report by NBC News. Instead, according to two unnamed sources, Biden will plead guilty to two misdemeanor tax-related offenses while the charge of lying on the federal Form 4473 will be tossed by prosecutors if Biden “meets certain conditions“.


Two sources familiar with the agreement told NBC News that it includes a provision in which the U.S. Attorney has agreed to recommend probation for Biden for his tax violations. Legal experts also said that the tax and gun charges will likely not result in any jail time for President Joe Biden’s son.

Last year, Biden has paid the outstanding taxes that he owed for 2017 and 2018, the years named in the charges. The felony gun possession charge will be resolved in what is known as pre-trial diversion agreement, where charges are dropped if certain conditions are met by a defendant, such as not committing a crime for a given time period. The specific conditions in Biden’s gun case were not disclosed in the court documents.

A judge will schedule a date for an arraignment within the next several weeks. Hunter Biden is expected to self-surrender to Delaware authorities and will be processed by U.S. Marshals there.

So the most serious charge that Biden was possibly facing will disappear, and he’ll be allowed to plead guilty to unrelated tax offenses and get a slap on the wrist instead of prison time. It’s hard to argue that this is the normal disposition for similar cases, especially when the DOJ regularly issues press releases touting the prison sentences that others have received after pleading guilty to the same charge that Biden was facing. Just last year a Virginia man received four years in federal prison for being an unlawful user of drugs in possession of several firearms, while other U.S. Attorneys around the country have pursued lengthy prison stays for individuals who admitted to smoking marijuana and owning guns. In fact, the federal sentencing guidelines for being an unlawful user of drugs in possession of a firearm is 10-16 months in prison, but based on the reported plea deal Biden won’t even have to acknowledge his guilt or face any consequences whatsoever for what should have been a slam-dunk case for prosecutors given the physical evidence and Biden’s own admission that he was regularly using drugs at the time he purchased a pistol.


While the younger Biden gets to yet again escape the consequences of his bad decision, his dad gets to avoid an embarrassing situation where Hunter’s attorneys would argue that the federal prohibition on gun ownership for drug users is unconstitutional and a violation on the Second Amendment. In fact, the DOJ will continue to take the position that any and all unlawful users of drugs don’t have any Second Amendment rights, because (in the view of Merrick Garland) only “law abiding citizens” possess the right to keep and bear arms.

It’a a win-win for the Bidens, but it’s also hard to argue it’s anything but another example of a two-tiered system of justice: one for the elite and powerful and one for the rest of us. If you’re a 24-year old caught with guns, pot, and a couple of pills you’re going to prison. If you’re the 53-year-old son of the sitting president, however, you can admit that you were smoking crack at the same time you purchased a handgun and you’ll never even face charges for that violation of federal law.

God save the Queen? No, God help us all.


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