The Grand Jury for the District of Delaware indicted Hunter Biden on three federal gun charges.
The charges stem from Hunter’s purchase of a firearm in 2018.
Special Counsel David Weiss brought forth the charges. He’s the U.S. attorney who charged Hunter earlier, but fell apart because of the sweetheart deal he tried to give him.
A gun purchaser fills out a form, which includes a question about not being “an unlawful user of, or addicted to, any stimulant, narcotic drug, or any other controlled substance.”
The purchaser is responsible for certifying his or her answers as “true, correct, and complete.”
The purchaser does so by signing his or her name to the statement, “I understand that a person who answers yes to [Question 11.e] is prohibited from purchasing or receiving a firearm.” Then the person acknowledges that “making any false oral or written statement…is a crime punishable as a felony under Federal law, and may also violate State and/or local law.”
The FFL holder must keep the records, too.
The alleged crime occurred on October 12, 2018, when Hunter bought a Colt Cobra 38SPL.
The first count accuses Hunter of knowingly making “a false and fictitious written statement, intended and likely to deceive that dealer with respect to a fact material to the lawfulness of the sale of the firearm under the provisions of Chapter 44, Title 18, United States Code.” Hunter signed the statement certifying no use or addiction to drugs, knowing it was “false and fictitious.”
The second count alleges Hunter made the false statement on the form meant “to be kept in the FFL holder’s records.”
The third count alleges that while Hunter knew “he was an unlawful user and addicted” to drugs, he “knowingly possess[ed] a firearm” that had “been shipped and transported in interstate commerce.”
So back in July, we all expected Hunter Biden to plead guilty to three charges: two counts of tax information and one firearm felony count.
The prosecution’s sweetheart deal allowed Hunter to avoid jail time on the tax charges. He entered into a diversionary agreement on the gun charge.
A diversionary agreement contains “formal terms and conditions” that Hunter would “fulfill in order to have the charges against him/ her dismissed.”
The agreement is not plea bargaining. The diversion “is a means to avoid a judgment of criminal guilt.”
Well, the plea deal fell apart because the Weiss and defense tried to slip in protection from any future prosecution.
US District Judge Maryellen Noreika said no way to the “broad immunity.” The government also admitted that it still had Hunter under a federal investigation.
Hunter ended up pleading not guilty.
After that fiasco, Weiss supposedly told Attorney General Merrick Garland that “his investigation has reached a stage at which he should continue his work as a special counsel, and he asked to be appointed.”
It’s a joke because a special counsel should be “a semi-independent federal prosecutor.”
Weiss was the original prosecutor. He tried to give Hunter “blanket immunity.”
A special counsel is usually appointed “when an investigation would raise the appearance of a conflict of interest for the department or when there is some other reason it would be in the public interest to appoint an outside prosecutor.”
Um, how is Weiss an outside prosecutor?
Anyway, the show must go on!
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