Hunter Biden

Hypocrisy: The Pardon of Hunter Biden

by Dave

President Biden pledged not to pardon his son. I wish he kept his word, because it is an abuse of presidential power. His son is bright attorney, and a graduate of Yale Law school. I have zero sympathy for Hunter Biden, as he can hire the best lawyers in the country to represent him.

By his own admission, Hunter Biden had been under federal investigation since December 2020. It can take years for prosecutors to decide there is sufficient evidence to obtain an indictment.

The proper course of someone who is wrongly convicted, is the appeals court, not presidential pardons. Millions of Americans will face jury trials and they will be reliant on the judge and their lawyer to explain the process and make decisions accordingly.

Obviously, Hunter Biden knew exactly the charges, and for years, he tried to avoid a trial through many pre-trial pleadings. Does this sound like someone we know?

Biden’s trial began on June 3, 2024, on charges of unlawfully possessing a gun as a drug user, lying on a federal form when he bought the gun, and making a false statement about information required to be collected by a federally licensed gun dealer. The charges stemmed from a gun purchased and possessed by Biden in October 2018. During the trial, three of Biden’s former partners testified regarding Biden’s drug usage and gun purchase. On June 11, 2024 Biden was found guilty on three felony charges for federal gun violations.

On December 7, 2023, Biden was indicted in California on nine tax charges, including three felony and six misdemeanor offenses. The indictment reads that “The Defendant engaged in a four-year scheme to not pay at least $1.4 million in self-assessed federal taxes he owed for tax years 2016 through 2019.” Biden’s lawyer said that Biden had repaid his taxes in full prior to the indictment. On January 11, 2024, Biden pleaded not guilty to the tax charges. This was changed to a guilty plea in September 2024, and sentencing was set for December 16, 2024. On the Wikipedia website, it is noted that a former federal prosecutor suggested that the sentence would be likely less than 5 years.

Wikipedia, Hunter Biden

So, in June 2024, Biden categorically ruled out a pardon or commutation for his son, telling reporters as his son faced trial in the Delaware gun case, “I abide by the jury decision. I will do that and I will not pardon him.” So, candidate for president Biden believed in the system. It was his Department of Justice.

Then days before sentencing was to occur, Biden went on the attack. “The charges in his cases came about only after several of my political opponents in Congress instigated them to attack me and oppose my election,” Biden said in his statement. “No reasonable person who looks at the facts of Hunter’s cases can reach any other conclusion than Hunter was singled out only because he is my son.

Link: Biden pardons his son Hunter despite previous pledges not to

Remember, Hunter Biden had his chance to go on trial on tax evasion, and bring witnesses that could testify to his reasons to evade taxes, which would include his addiction to drugs and alcohol or an inability to pay taxes. And he could have always testified on his own behalf.

Instead, Hunter Biden plead guilty, and convinced the judge to delay sentencing to after the election. Hunter Biden was to be sentenced for the gun possession charges on December 12 and the tax evasion charges on December 16. Instead, President Biden issued a blanket pardon on December 1, making it impossible for any prosecutor to bring charges against Hunter Biden for the period, December 1, 2014 to December 1, 2024.

It takes a lot of effort to convict someone who is wealthy and an attorney of law. Members of Congress can make referrals to the Department of Justice, but frequently the evidence is lacking to present to a grand jury.

I am glad Judge Scarsi rejected the several excuses for tax evasion, based on Biden guilty plea. “Upon pleading guilty to the charges in this case, Mr. Biden admitted that he engaged in tax evasion after this period of addiction by wrongfully deducting as business expenses items he knew were personal expenses, including luxury clothing, escort services, and his daughter’s law school tuition.” He adds, “And Mr. Biden admitted that he ‘had sufficient funds available to him to pay some or all of his outstanding taxes when they were due,’ but that he did not make payments toward his tax liabilities even “well after he had regained his sobriety,’ instead electing to “spen[d] large sums to maintain his lifestyle’ in 2020.”

Judge Scarsi then discredits President Biden’s claim that his son was unjustly singled out. “But two federal judges expressly rejected Mr. Biden’s arguments that the Government prosecuted Mr. Biden because of his familial relation to the President.”

Finally, by pardoning Hunter Biden, he obviously is attacking the Special Prosecutor and Special Counsel as blatantly biased based on the facts seen by a reasonable person. Judge Scarsi’s opinion scoffs at this notion: “The President’s own attorney general and Department of Justice personnel oversaw the investigation leading to the charges. In the President’s estimation, this legion of federal civil servants, the undersigned included, are unreasonable people.”

The core principle that Biden violated is that no one is above the law. Guilt and innocence of the accused are for the courts to decide. Pardons should be used when there are extenuating circumstances to consider either the trial or sentence was unjust. There were no special circumstances surrounding Hunter Biden’s case to justify a presidential pardon.

Perhaps I am particularly disappointed because I felt very strongly that Joe Biden had made many right policy decisions in the course of his term. This pardon weakens the trust we place in our judges and juries. I suspect President-elect Trump will abuse the power of the pardon, to set free his friends in jail. He’s done it before, claiming that his friends were political targets. Joe Biden did no better.

Stay tuned,

Dave

Links:

Judge Issues Scathing Response to Hunter Biden Pardon: Read in Full

judge scarsiDownload

The Biden-Ukraine Conspiracy Theory

by Dave

Today’s CNN Headline: Indicted ex-FBI informant told investigators he got Hunter Biden dirt from Russian intelligence officials

See link: Indicted ex-FBI informant told investigators he got Hunter Biden dirt from Russian intelligence officials

Wow, that’s a lot to unpack. This happened yesterday in a courthouse in Las Vegas, where Alexander Smirnov, the indicted informant was being held. The Special Counsel’s office wanted Alexander Smirnov held without bail. The Judge rejected this and released Smirnov with an ankle bracelet and restricted travel.

The Biden-Ukraine conspiracy was being kept alive in four places, Donald Trump’s campaign rallies, House of Representatives, Fox News and social media websites. It was just good fodder for Republicans who bought into the “Biden crime family” nonsense.

From Wikipedia’s website: Since early 2015 Hunter and his father Joe Biden have been the subjects of false and baseless claims of corrupt activities in a Biden–Ukraine conspiracy theory pushed by then-U.S. President Donald Trump and his allies.”

It was pushed by many Republicans, particularly chairmen of three House Committees. Representative James Comer, head of the House Oversight Committee really went on the attack:

“Unless U.S. Attorney Weiss investigates everyone involved in the Bidens’ fraud schemes and influence peddling, it will be clear President Biden’s DOJ is protecting Hunter Biden and the big guy,” Comer wrote, referencing the president as “the big guy.”

This conspiracy theory was permanently put to rest, with the arrest of Alexander Smirnov on February 14, 2024. He was an incredible con artist and was able to convince the FBI that he had some information of corruption worth listening to in the FBI offices of Pittsburgh. James Comer probably regrets he told the Special Counsel to dig deeper into the FBI investigation because the actions of Smirnov went from useless leads to criminal activity of lying and falsifying reports.

At the bail hearing, it was revealed that Smirnov had a US and an Israel passport, over 6 million dollars in liquid assets, and admitted to being in contact with Russian military intelligence officers, late last year.

As I will explain, the conspiracy promoted by Republicans died, but it spawned a whole new series of allegations of Russia’s attempt to hurt Biden’s campaign. Of course, this all is based on the statements of a lying FBI informant, which I am certain is being checked out by the FBI right now.

The false narrative: Hunter Biden secured a very high paying job working for Burisma energy company in Ukraine beginning 2014 at the same time that Biden was Vice President. The actual value of the contract varied, but it has been reported that some months, he made $50,000. It was alleged that VP Biden received a 5 million dollar bribe from Burisma, and in return was able to pressure the Ukrainian government to fire their general prosecutor, Vitor Shokin in March 2016, to stop an investigation of corruption within Burisma. It was also alleged that Hunter Biden also received a 5 million dollar bribe for his help.

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Now the truth. There were no bribes. Not one penny ever exchanged hands between the president of Burisma, Mykola Zlochevsky, to either Hunter or Joe Biden for “favors.” This false narrative was at the foundation of Biden impeachment inquiry as launched in the House Oversight Committee, chaired by Representative James Comer. The House Judiciary Committee and the House Ways and Means committee were to be part of this inquiry.

It was an inquiry based on nothing. It was pure circus, put on for purposes of helping Republicans in the election. “It’s very clear that they’ve all been dupes to a Russian disinformation propaganda effort” says Rep. Jamie Raskin on Republicans falling for the claims made by the now-indicted “informant” with ties to foreign intelligence agencies.

Burisma paid Hunter Biden very well to be on the Board of Directors of Burisma from 2014 to 2019. Also, VP Biden stated that as a condition of loan guarantees to Ukraine, the Ukrainian government had to take steps to reduce corruption by replacing their general prosecutor, Vitor Shokin. Both the US and EU wanted Shokin fired as he was an ineffective in fighting corruption. Vitor Shokin was fired in March 2015.

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The Oversight Committee which overlooks the truth and looks for scandal for political purposes

Devon Archer had worked with Hunter Biden in Ukraine, so he was subpoenaed by the Oversight committee. He denied there was any bribes, but Representative Comer took statements out of context, to imply that there was a working relations between Hunter and Joe Biden, when Biden was Vice President. On occasion, Hunter Biden had his father say hello and exchange pleasantries with contacts. Hunter Biden was to appear in a closed door committee hearing. He wanted to appear in an open session so his testimony would not be cherry picked, as was the case with Devon Archer.

Representative Chuck Grassley released a unverified FBI form, called a FD 1023, which contained Alexander Smirnov’s fabricated story of bribery between Hunter Biden and Ukraine officials on July 20, 2023. Smirnov detailed a meeting he attended in Vienna with Burisma’s president, Mykola Zlochevsky, in which Zlochevsky stated he paid 5 million dollars to Hunter Biden and other 5 million dollars to “the big guy.” The FBI released the form to Grassley after he threaten to hold the FBI in contempt of Congress.

Grassley releases internal FBI document about unverified Biden bribery allegations

More documentation on events that just not happen. The FBI did everything possible to stop the release of this misinformation by Congress and interfering with a legitimate investigation. Prior to the release of the FD 1023, an arrested associates of Rudy Giuliani, Lev Parnas, testified that there was no bribe, and Giuliani became very upset on hearing this news and told Parnas not to tell anyone.

Every bit of information supporting bribery just seemed to be falling apart, but Republicans didn’t care. The conspiracy was already told many times on Fox News, particularly that Biden was taking bribes from an Ukrainian business as Vice President. The bribery scheme was promoted more than 80 times by Sean Hannity on Fox News. As we just learned, it may just be he was promoting Russian propaganda. Still too early in the new investigation. See links below.

A final twist is Hunter Biden, through his lawyers, is stating that a factor why his plea deal fell apart, what because of the false reports from the FBI informant. Seems like a long shot and he may lose on this issue. The judge ultimately rejected the deal, and had no information about false reports from the FBI.

This is a very fast evolving story, so I can only report today’s news.

What’s next

On February 14, 2024, FBI informant Alexander Smirnov was indicted for lying to the FBI and creating false reports on multiple occasions. At his bond hearing, it was stated by prosecutors that he was a flight risk and had 6 million dollars in liquid assets. He was released with an ankle bracelet and restricted in his movements. I am certain at this point, he is being carefully monitored and protected so he is available for trial. (This isn’t Russia).

The FBI and Justice Department are doing their job. Hunter Biden will go on trial for falsifying a gun purchase form and tax related charges. There will likely be more information on Alexander Smirnov. The indictment states he was never in direct contact with Mykola Zlochevsky and all contacts were well after the period when Joe Biden was not Vice President.

The Impeachment inquiry of Joe Biden by the House Committee on Oversight should “pack up their tents and go home” as Jamie Raskin suggests, because the circus is over. I agree. The House Republicans control the committees, and will not have open hearings that show they were duped and likely promoted Russian propaganda to help Donald Trump.

Republicans likely will try to salvage the inquiry, from what is left. The only way the full story will be revealed, is after the election, if Democrats can take back the House. Sean Hannity and Donald Trump will not apologize for spreading fake news. Only in my dreams.

I suspect there may be more charges against Alexander Smirnov and others as the FBI follows the money trail. The Special Counsel David Weiss investigation just widened into the framing of Hunter and Joe Biden, based on fraudulent reports and possibly involving Russian agents (GRU ?).

That’s something that James Comer really didn’t see coming when he implored Weiss to broaden his investigation.

Stay tuned,

Dave

Links:

Facts first, Ouster of Vitor Shokin

CNN Link: House Republicans seek to downplay FBI informant charges that undermine Biden impeachment inquiry

I don’t have an exact date on this summary. The Republicans control the House Oversight and Accountability Committee, so this was prepared by Democrats sometime after July 2023.

fact-sheet-re-firing-of-viktor-shokinDownload

2024 The year of historical trials and court decisions

by Dave

Some people try to associate court trials with other things they are familiar with and it is usually a disaster. Court cases are not like the movies. They can go on for months. It is also not a ballgame. It doesn’t end in nine innings.. Decisions are appealed.

The public knows who they like and dislike, and believes the accused should either be set free or in jail for the rest of their lives. The Republican politicians went years claiming Hillary Clinton had committed all sorts of crimes. But, finally, one Democrat has been charged with profiting from his high position, Senator Bob Menendez. His wife has also been charged. 

Hunter Biden and Steve Bannon will go on trial unless either can cut a plea agreement. These trials will be headline news, because of their close association with President Biden and Donald Trump. In both cases, there has been zero evidence these actions involved either Biden or Trump. Both will have the best lawyers money can buy, but the evidence against them will make or break their cases.

And then of course there is Trump and his two civil cases and four criminal ones. I have written extensively about this and there are many Trump legal problems trackers out there. The final conclusion of the civil case against Trump and his organization for the overvaluation of properties will end quietly, as the judge will simply file the judgment in late January and Trump will appeal. 

The disqualification issue must be decided by the Supreme Court. This case and the immunity case will be historical landmark cases. I think only 3 of the 4 criminal cases will likely be tried in 2024, with the Georgia conspiracy case, starting either late 2024 or early 2025. The Supreme Court has a number of highly contentious cases, of which I’ve commented on the abortion pill.

An independent judicial system is one. of the cherished rights of all Americans. If someone has been unjustly accused, the appropriate place to seek justice is the courtroom, not on social media or cable news stations.

So in sum, the system is working as it is intended. The appeal process is an additional check that ensures convictions are in accordance with the law and the rights of individuals are protected.  

Republican members of Congress should not be involved in any of these cases. They should not attempt to tilt the balance of justice against Hunter Biden or in favor of Donald Trump. By their meddling in trials, through their power to subpoena, they are hindering our system of justice.

I fear a re-election of Donald Trump and his disrespect for the judiciary will severely damage our judiciary system. His use of pardons for political purposes would be an attack on the sacred right of justice for all, that comes from  a conscientious and independent judiciary system. Might makes right approach whether by Congress or the President brings us one step closer to tyranny.

What will work, is an informed public who understands the judiciary has a very independent role vital to our system of government. 

Wishing the best of all in 2024,

Dave,

Hunter Biden’s Indictments

by Dave

Conservative social media and cable TV stations, have associated Joe Biden and Hunter Biden with all kind of influence peddling schemes, with zero evidence. It is not illegal to benefit from your family’s name to help secure high paying consulting jobs. It also helps to have graduated from a prestigious law school (Yale) and have worked years at a very well know law firm (Boies, Shillert, Flexner LLP).

Now, let’s move on to the facts. Hunter Biden will likely be tried in Delaware, for gun related charges, and in California for failure to pay federal taxes.

Sept 19, 2023: Delaware charges. Hunter Biden was officially indicted in Delaware on three federal firearms-related charges: two for making false statements on a firearm application form and one for prohibited possession of a firearm.

December 7, 2023: California charges. Hunter Biden was indicted on nine additional charges, including three felony and six misdemeanor offenses, for allegedly failing to pay $1.4 million in taxes between 2016 and 2019.

The 56-page filing laid out a series of charges, including allegations that the president’s son failed to pay taxes, failed to file, evaded an assessment and filed a fraudulent form. The indictment says that “rather than pay his taxes, the Defendant spent millions of dollars on an extravagant lifestyle.”

“Between 2016 and October 15, 2020, the Defendant spent this money on drugs, escorts and girlfriends, luxury hotels and rental properties, exotic cars, clothing, and other items of a personal nature, in short, everything but his taxes,” the indictment says.

See link: Hunter’s spending habits

There may be more charges against Hunter Biden in the future. One possibility is a failure to register as a foreign agent. Biden has pled not guilty to the Delaware charges, and I expect the same for the California charges.

These are serious criminal charges, and Biden’s guilt or innocence will be determined by the courts in either late 2024 or early 2025. He can try to plea bargain, but I’m not sure if the prosecutors are willing to cut him a deal. It certainly sounds like he is guilty of tax fraud and in which case, he will likely serve time. The US Department of Justice is not targeting Trump or Biden, nor Steve Bannon or Bob Menendez, but anyone who has broken to law. These are all wealthy and intelligent individuals, who when they break the law, have to suffer the consequences like the rest of us.

Remember Lady Justice carries a balance in one hand and a sword in another. I have faith in our legal system, that Hunter Biden will be tried based on the facts of the case. And he can always appeal the decision.

Neither of these indictments connect Joe Biden with Hunter Biden’s crimes. Yet Republicans in the House, act as if these indictments support their impeachment probe. It is absurd.

Stay tuned,

Dave

Rep Jim Jordan, House Judiciary Committee v AG Merrick Garland

by Dave

The Judiciary Committee is chaired by Republican Representative Jim Jordan. Jim Jordan is known for his very aggressive attacks on the Biden administration. He will conduct hearings to determine if President Biden committed “high crimes and misdemeanors” which warrant his removal through impeachment. It is almost certain that the committee will recommend impeachment although the supporting evidence will inconclusive. There is little justice in the Judiciary Committee under Republican control.

Obviously, Hunter Biden has legal problems. AG Merrick Garland will refuse to give details, as this is an ongoing legal matter, handled by a Special Counsel. Jim Jordan will likely refer to the shady or corrupt “Biden family” as if Hunter and Joe Biden shared a business together. There is zero evidence that Joe Biden was involved with Hunter Biden’s clients or profited from his consulting business. Jordan knows Garland can’t comment, as this is with the Special Counsel.

Rep. Jim Jordan is playing a game of deflection. If a fellow Republican is in trouble, to play the game of deflection, you accuse Democrats of doing much worse things. It seems really hard to deflect on this one, with Donald Trump charged with 91 criminal counts. The President’s son has been indicted on making a false statement on a gun application. Since he lied on the application, he is charged with possessing an illegal gun.

The New York Times got it right this morning (September 20, 2023) with the statement:

“The theory that President Biden intervened to protect his son, widely trumpeted by House Republicans and amplified by conservative news media, is central to the impeachment inquiry begun by Speaker Kevin McCarthy under pressure from the right flank of his party.”

You can be expected that Attorney General will be treated rudely. This is Jim Jordan’s style. He will spend as long as possible on the accusations, and then interrupt AG Garland as he attempts to provide an answer. In fact, Fox News frequently broadcasts just the accusations made by Rep. Jordan and other Republicans, then commentary in favor of Republican committee members.

The elephant in the room, is Trump’s legal charges. The classified documents case looks increasingly stronger, based on recent reports that Trump was actively trying to hide the documents from officials.

Garland’s opening statement will not be interrupted. Excerpts have already been given to the media. Garland will state:

“As the President himself has said, and I reaffirm here today: I am not the President’s lawyer. I will also add that I am not Congress’s prosecutor. The Justice Department works for the American people. Our job is to follow the facts and the law, wherever they lead. And that is what we do.”

And, it is true.

Stay tuned,

Dave

Hunter Biden Plea Agreement Hearing, July 26, 2023

by Dave

I will make this simple as possible.

Hunter Biden broke the law in 2018 and 2019, by not filing taxes. He broke the law again in 2018 by failing to acknowledge he was using illegal drugs at the time he applied for a gun permit. Obviously, if he had filled out the form honestly, the application would have been rejected and it would be headline news that he was addicted to drugs.

Biden reached an agreement with the Department of Justice to plead guilty to the late filings of taxes, and DOJ would drop gun application after he had been on probation for 2 years. Biden has paid all the money he owes including interest and fines.

So, the two parties, DOJ and Biden came to the court house, thinking the hearing will be perfunctory as agreement had been reached, and the judge just had to sign off on it. Judge Noreika would not sign off on it, because it would make her the arbitrator of the terms of an agreement which she had no involvement in creating. In her words, it would plop her in the middle of this case.

Earlier in the hearing, the Judge asked about the future investigations of Hunter Biden and in particular about a failure to register as a foreign agent. The specific law is called FARA, Foreign Agents Registration Act. This sparked some confusion as the sides differed, but after a brief recess, DOJ and Biden’s team came to an agreement that additional charges could be brought.

Judge Noreika asked DOJ and Biden to submit briefs addressing her concerns within 30 days. Hunter Biden entered a plea of not guilty on all charges. The hearing was dismissed. No one is sure how long the Hunter Biden saga will drag on. The New York Post headline, “Stunned onlookers gasp as Hunter Biden’s Sweetheart Plea Deal Crumbles.”

I believe the deal will ultimately approved by the Judge Noreika, with some additions to the plea agreement which minimize the role of the judge as arbitrator of the agreement. I also believe that FARA violation charges will be resolved with another out of court settlement or simply dropped by DOJ.

Many Republicans want the plea deal tossed out by the judge. Without a plea agreement, this case would go to court and drag on for years. They view it as a sweetheart deal, giving special privileges to Hunter Biden. Representative Jason Smith, Chair of the House Ways and Means Committee, submitted an Amicus Brief (Friends of the court) hoping to sway the judge to reject the deal, which would result in a court case, and keep the issues going through next years. The brief focuses on IRS whistleblower testimony to Congress, suggesting inappropriate and possibly biased investigation. The whistleblower testimony was not brought up during the hearing by the judge.

The DOJ has offered to allow David Weiss, Federal Prosecutor in Delaware, who has lead this case since it began, to testify in Congress. However, now that the deal is in limbo, I am sure DOJ will postpone any testimony.

Many subpoenas will be issued for testimony from DOJ officials involved in this case, from House Committees, because of politics. Officials can not comment on ongoing investigations. House members will be upset, and claim DOJ is stone-walling their investigation.

Stay tuned,

Dave