Did Hunter Biden Get Off Easy? Republicans Think So—Here’s What Legal Experts Say

Forbes Business Breaking Did Hunter Biden Get Off Easy? Republicans Think So—Here’s What Legal Experts Say Sara Dorn Forbes Staff Politics Following Jun 20, 2023, 06:18pm EDT | Press play to listen to this article! Got it! Share to Facebook Share to Twitter Share to Linkedin Topline The Justice Department struck a plea deal with Hunter Biden on Tuesday allowing him to avoid prison time for tax and gun charges, leading Republicans to allege the agency let the president’s son off easy but threw the book at former President Donald Trump in its classified document probe—but the two cases share few, if any, similarities and the deal Biden reached is actually stricter than usual, some legal experts have said. Hunter Biden, the son of President Joe Biden, speaks to guests during the White House Easter Egg . .

. [+] Roll on the South Lawn of the White House, April 18, 2022, in Washington. (AP Photo/Andrew Harnik, File) Copyright 2022 The Associated Press.

All rights reserved Key Facts Hunter Biden was charged with violating a provision of 18 U. S. Code § 922 that prohibits anyone “who is an unlawful user of or addicted to any controlled substance” from possessing a firearm, a charge that carries a maximum penalty of 10 years in prison, a fine or both—but the charge will be cleared from his record following diversion program that will require him to remain drug-free for two years and commit to never owning a firearm again, according to the New York Times.

He also agreed to plead guilty to two violations of 26 U. S. Code § 7203 for failing to pay more than $100,000 in taxes on time for income in excess of $1.

5 million in both 2017 and 2018—the charges carry up to a year in prison, a $25,000 fine or both, though people familiar with the deal told the Washington Post prosecutors will recommend two years of probation. Legal experts said first-time offenders are rarely prosecuted for both the gun and tax charges Biden faces. Justice Department data obtained by the Washington Post underscores the rarity of the gun charge: In the 2019 fiscal year, federal prosecutors received 478 referrals for lying on the federal form required to purchase a gun, but filed just 298 prosecutions, out of approximately 27 million background checks in a 12-month period (the Post notes the data does not include the number of convictions).

Michael Weinstein, a former federal prosecutor and chair of the White Collar Criminal Defense & Government Investigations Practice at Cole Schotz, predicted Biden is also “not going to prison” for the tax charges, he told Reuters , given his status as a first-time offender, his willingness to plead guilty and the amount of back taxes he owed, which reportedly totalled $1. 2 million that he has since paid back. NYU Law professor and former federal prosecutor Andrew Weissmann also described Biden’s penalties in both cases as “if anything harsh, not lenient,” noting prosecutions for first-time tax offenses and false applications for a gun purchase seldom lead to jail time or even prosecutions.

Ohio State University law professor Douglas Berman suggested that prosecutors may have brought the charges because Biden is the president’s son, telling The New York Times that in most instances, the charges he faces are typically attached to more serious offenses, but in this case, “failure to bring some charges when there is no factual dispute . . .

could create the impression of a two-tiered system of justice. Former federal prosecutor Rep. Dan Goldman (D-N.

Y. ) also said the criminal charges against Biden are rare, noting that Trump ally ​​Roger Stone and his wife Nydia agreed to pay $2 million in unpaid taxes, back taxes and penalties to the IRS in a civil case that was never elevated to the criminal level, Goldman tweeted . What To Watch For A federal judge will decide whether to accept the plea deal and could decide to tack on jail time.

Biden’s lawyer Christopher Clark, said he believes the agreement marks an end to the five-year investigation into his client, though Weiss said in a statement the probe is ongoing. Surprising Fact The federal statute that led to the gun charge against Biden could face legal challenges, as a federal court in Texas recently ruled that prohibiting drug users from possessing firearms is a violation of the Second Amendment. In some cases, the charges have received significant prison sentences, including a 23-year-old drug user in Waterloo, Iowa, who was sentenced in March to five years in federal prison for owning a gun, NBC News noted .

Tangent Some Republicans have compared the Justice Department’s classified documents case against Trump to the Hunter Biden plea deal, but attorneys like former prosecutor Renato Mariotti say the two cases aren’t comparable . Federal prosecutors indicted Trump earlier this month on 37 counts related to his handling of classified documents after leaving office, including 31 violations of an Espionage Act statute that prohibits willful retention of national defense information, as well as several charges for making false statements and conspiring to obstruct the Justice Department investigation. The charges could lead to a lengthy prison sentence if Trump is found guilty, but it’s unclear whether prosecutors intend to ask for prison time.

Crucial Quote “It insults the intelligence of the American people to compare misdemeanor tax charges to a scheme to steal Top Secret documents and obstruct justice when the government asked for them back,” Mariotti tweeted . Chief Critic House Republicans vowed to continue their various investigations into Hunter Biden and whether the president used his influence to benefit his son’s business ventures in the wake of the plea deal. House Speaker Kevin McCarthy (R-Calif.

) told reporters the deal bolsters the GOP’s claims that the DOJ is catering to President Joe Biden by unfairly prosecuting former President Donald Trump. McCarthy said “it continues to show the two-tier system in America,” echoing Trump’s narrative regarding his legal woes. “The Hunter/Joe Biden settlement is a massive COVERUP & FULL SCALE ELECTION INTERFERENCE ‘SCAM,’” Trump wrote on Truth Social.

“THIS AS CROOKED DOJ, STATE, & CITY PROSECUTORS, MARXISTS & COMMUNISTS ALL HIT ME FROM ALL SIDES & ANGELS [sic] WITH BULL…. !” Key Background Delaware U. S.

Attorney David Weiss announced Tuesday his office had reached an agreement with Hunter Biden. Federal prosecutors in Delaware began their long-running probe in 2018 as an investigation into Hunter Biden’s international business ventures, but expanded to encompass his taxes and 2018 gun purchase. The president’s son, a Yale-educated lawyer, has struggled with personal, financial and substance abuse issues during his father’s rise to power.

He admitted to regularly using crack cocaine in his 2021 memoir, but has said he’s since become sober and has made strides to clean up his public image. Still, he faces several ongoing House probes and is embroiled in a child support battle in Arkansas with a woman he fathered a 4-year-old daughter with while in the throes of his drug and alcohol addiction. Further Reading Hunter Biden Will Plead Guilty On Tax Charges—Avoid Gun Charge (Forbes) ‘Slap On The Wrist’: GOP Rages Against Hunter Biden Plea Deal–Vows To Continue House Probes (Forbes) Hunter Biden Failed To Pay Taxes—Here’s Why He’s Likely Not Going To Jail (Forbes) Follow me on Twitter .

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