Hunter Biden’s plea, what it all means, and what just happened

[Rod]

Neapolitano breaks it down very fairly. It’s all a little strange but possibly nothing nefarious either way 

 

[EvilBird]

Why did Hunter need a Gun anyway? I thought the Dems think Guns need to be taken away? Nobody needs a pistol right?  I was told only MAGAt's need Guns? 

[Mainecat]

Using red hat mentality……drug addicts love guns therefore all gun owners are drug addicts.

Im starting to get knuckledragger intelligence.

[EvilBird]

Just now, Mainecat said:

Using red hat mentality……drug addicts love guns therefore all gun owners are drug addicts.

Im starting to get knuckledragger intelligence.

He basically admitted to the gun charges of a person on a controlled substance dummy 

 

Last month, Biden was charged with possession of a firearm by a person who is a known drug user, a felony. He had a Colt Cobra .38 Special for 11 days in October 2018. He agreed to enter into a diversion agreement, which means that he would not technically plead guilty to the crime. As long as he adhered to the terms of his agreement, the case would be wiped from his record. If not, the deal would be withdrawn. The charge carries a maximum sentence of 10 years in prison.

U.S. District Court Judge Maryellen Noreika, who was appointed by President Donald Trump, said she was concerned about the language in the diversion agreement and suggested the lawyers get back together and discuss it.

 

POOR HUNTER 

[Highmark]

11 hours ago, ACE said:

Neapolitano breaks it down very fairly. It’s all a little strange but possibly nothing nefarious either way 

 

Sorry but I find the whole idea it was a simple misunderstanding between sides laughable.  First of all all of this should have been in writing.  Every detail.  If it wasn't it was purely because it was nefarious. 

Both sides knew exactly what was going on and when the judge starting asking serious questions they got busted.   They wanted a quick rubber stamp and didn't get that.  More has come out since the agreement was made and the prosecution is thinking "holy shit if this stuff keeps coming out we are really going to look like we are covering things up." 

Don't get me wrong they will go back and Hunter will take the same deal with some or no concessions on future prosecution.   He's not going to jail by any means but its nice to see the justice system (the judge) trying to do what's right.  

What will really be interesting is if the sides start coming at each other claiming this or that was promised.   If that doesn't happen you know they were working together to get Hunter off the whole time and simply got caught. 

Edited July 27, 2023 by Highmark

[DriftBusta]

I'm guessing this will be another issue that they will slow walk until it doesn't matter any more.  And after they indict Trump another 13 times on some made up bullshit.

[Snake]

Typically, if the Government is offering to a defendant that it will either drop charges or decline to bring new charges in return for the defendant's guilty plea, the plea is structured under Federal Rule of Criminal Procedure 11(c)(1)(A).  An agreement not to prosecute Hunter for FARA violations or other crimes in return for his pleading guilty to the tax misdemeanors, for example, would usually be a (c)(1)(A) plea.  This is open, transparent, subject to judicial approval, etc.

In Hunter's case, according to what folks in the courtroom have told me, Hunter's plea was structured under Federal Rule of Criminal Procedure 11(c)(1)(B), which is usually just a plea in return for a joint sentencing recommendation only, and contained no information on its face about other potential charges, and contained no clear agreement by DOJ to forego prosecution of other charges. 

Instead, DOJ and Hunter's lawyers effectively hid that part of the agreement in what was publicly described as a pretrial diversion agreement relating to a § 922(g)(3) gun charge against Hunter for being a drug user in possession of a firearm. 

That pretrial diversion agreement as written was actually MUCH broader than just the gun charge. If Hunter were to complete probation, the pretrial diversion agreement prevented DOJ from ever bringing charges against Hunter for any crimes relating to the offense conduct discussed in the plea agreement, which was purposely written to include his foreign influence peddling operations in China and elsewhere. 

So they put the facts in the plea agreement, but put their non-prosecution agreement in the pretrial diversion agreement, effectively hiding the full scope of what DOJ was offering and Hunter was obtaining through these proceedings.  Hunter's upside from this deal was vast immunity from further prosecution if he finished a couple years of probation, and the public wouldn't be any the wiser because none of this was clearly stated on the face of the plea agreement, as would normally be the case. 

Judge Noreika smelled a rat. She understood that the lawyers were trying to paint her into a corner and hide the ball. Instead, she backed DOJ and Hunter's lawyers into a corner by pulling all the details out into the open and then indicating that she wasn't going to approve a deal as broad as what she had discovered.   

DOJ, attempting to save face and save its case, then stated on the record that the investigation into Hunter was ongoing and that Hunter remained susceptible to prosecution under FARA. Hunter's lawyers exploded. They clearly believed that FARA was covered under the deal, because as written, the pretrial diversion agreement language was broad enough to cover it. They blew up the deal, Hunter pled not guilty, and that's the current state of play. 

And so here we are. Hunter's lawyers and DOJ are going to go off and try to pull together a new set of agreements, likely narrower, to satisfy Judge Noreika. Fortunately, I doubt if FARA or any charges related to Hunter's foreign influence peddling will be included, which leaves open the possibility of further investigations leading to further prosecutions.

[F3600]

This was a sweetheart deal plain and simple and it blew up when light was shined on it.  Anyone else would be in jail for the gun charge alone.

 

FARA...hmmm wasn't that what Paul Manafort was convicted of?

[racer254]

"Every accusation is an admission"  Democrats made that phrase against Republicans, but it sure does show their experience with it on their own side.