Hypocrisy: The Pardon of Hunter Biden

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

Hunter Biden’s Conviction

Just after posting that the justice system is being attacked by Donald Trump and others Marjorie Taylor Green, Matt Gaetz, Sean Hannity of Fox News, James Comer, Mike Johnson and others, Hunter Biden got convicted. Yes, when there is hard evidence against the defendant, a jury generally finds the person guilty. That’s exactly what the judge tells them to do, to go on what they heard and saw in the courtroom.

I wanted to note what a marked contrast between Trump and all the hot rhetoric of being “100% innocent” and a completely “rigged show trial” to Hunter’s acceptance of the verdict after he was found guilty. He wasn’t going to trash the prosecutor or the courts.

“In a written statement, Hunter Biden said he was disappointed by the outcome but grateful for the support of family and friends.”

I would say this shows some real class. Trump desperately wanted to get in the spot light, once again identifying Joe Biden as the real criminal:

“Trump’s campaign called the verdict “nothing more than a distraction from the real crimes of the Biden Crime Family.” Trump and his allies have pressed unsubstantiated or debunked allegations that Joe Biden acted while vice president to advance his family members’ foreign business interests.”

Others parroted the same line. See link from Politico.

The “Biden Crime Family,” comes from Rep. James Comer and the absurd impeachment inquiry, which totally fell apart, when their chief accuser was arrested for lying to the FBI.

Bottom line for Democrats and Republicans, DOJ and the FBI does not hand out favors, at least with this administration. No one is above the rule of law.

Stay tuned,

Dave

Day 1 Democrat convention

This is the week for Democrats.  I watched the entire 2 hours, form 9:00 to 11:00 pm.  I’ll have to admit that everyone’s perspective is different, and each night, the Democrats will try to convince you that their candidates are the right choice.  Then it will be time for the Republicans.  I’ve already seen a couple of Trump’s interviews, and their campaign is built on some sensationally false narratives, particularly strong on the failure of the Obama administration.

The two issues that began dominated the first 2 hours were the coronavirus epidemic and the black lives matter movement.  The convention priorities seemed to turn to the headline news.  Plus, as the convention closed for day 1, Michelle Obama attacked the personal character of Donald Trump.   I would have like to have seen a long list of his lies.  I hope this will be coming today.

One of these false narratives will date back to 2016, when Trump will say that our economy was ready to collapse.  By any economic measure, in 2016 our economy was booming.  It had really plunged into recession under George Bush’s administration during the housing or subprime crisis.   Bush deserves credit for supporting the TARP program, with an unprecedented  700 billion dollar package designed to help our economy in 2008.   It was hard for Bush to do, as it was admitting that the economy was in terrible shape, yet he was working with his advisors to fix things.   The actions of Bush, made it possible for Obama to continue to add to the stimulus package.  Yet,  it wasn’t until late 2009, that the stimulus finally started working.  Unemployment dropped from over 10% in 2009 to less than 5% in 2016.    The economy was not revived by Trump.   The same boom started by Obama continued through the Trump years.

On the economy,  if tomorrow we have the miracle vaccine, perhaps the Sputnik 5 really does work, then we still will not be “open for business”  with a massive government deficit and enormous unemployment.  This means less federal revenue in 2021 and the prospect of higher inflation.   So, if Biden is elected, he will be inheriting a mess which comes from the trillion dollars of stimulus.  The only way out is cutting government spending.  There will be an attempt to rollback the Trump tax cuts, but it is a heavy lift.   It is crazy, but the Democrat party must become more “republicanized” and promote improving trade relations with China and numerous other countries,  and cut government spending.

Trump will say with 100% conviction that a vote for Biden is one small step towards economic disaster.   He will say that let the Democrats run government, will be like handing the keys to the kingdom to the Chinese and illegal immigrants.  The stock market is still on a roll with Biden in the lead in the swing states.   I see the recent upsurge in the stock markets in solar and fuel cell technology as a very positive sign of a better future ahead, with cleaner energy sources.   Fossil fuels are not going away, as there is too much invested in a gasoline based transportation system.   But a higher percentage of our energy needs can be met with other sources of energy, and it will be a strong positive in an recovering economy.

Stay tuned and keep watching the online  DNC convention.

Dave

Economic Policy of Barack Obama administration 

Economic policy of Donald Trump administration

 

 

A tie vote on witnesses? Republican witnesses? A few Q+A.

If the Senate votes are a 50-50 split on witnesses,  Chief Justice Roberts could decide.  I agree with commentators who say he will simply rule that with neither party having a majority, the motion to call witnesses fails.  So it takes 4 Republicans to jump the fence.

Ok, who would testify for the Republicans? It’s a good question.  In a real courtroom trial, the defense does not have to call witnesses.   The defense can simply rest its case, saying the prosecution has failed to prove its case beyond “a reasonable doubt” or a “shadow of a doubt”  depending on the crime.

Calling House Manager Adam Schiff,  Hunter Biden or  Joe Biden would be a disaster for Republicans.   I will explain why:

Adam Schiff 

Adam Schiff will be asked about his comment that there was no contact between the whistle blower and his committee, when in fact there was contact.   He has already explained this many times,   When the whistle blower decided there was sufficient reason to reveal inappropriate demands on the Ukraine as a condition for military assistance, this individual did not know how to go about an official complaint.   A staff member on Schiff’s committee recommended to him to get a lawyer and the lawyer would explain to him the proper means of filing a complaint.  The complaint would not be immediately turned over to the House Intelligence Committee, but had to be first reviewed by the National Security Council,  to be deemed sufficiently urgent and important for the Committee to examine.

Despite Trump’s tweets that Schiff probably wrote the whistle blower’s complaint,  the bottom line is that the Intelligence Committee acted properly in telling the whistle blower to get a lawyer.

If Adam Schiff is asked to divulge the name of the whistle blower, he would simply respond that the identity of the whistle blower is protected by law.

Hunter Biden + Joe Biden

Democrats would immediately object to calling Hunter Biden on the basis of foundation and relevance.   There has been zero evidence introduced to support the  allegation that Hunter Biden did anything wrong by serving on the board of Burisma.  However, Trump has pushed a false allegation that Joe Biden was involved in a scheme to benefit his son  as follows: Vice President Joe Biden pressured Ukraine to dismiss their General Prosecutor Shokin  so that the corrupt practices of Burisma could continue, hence his son could continue his lucrative position on the Board.

Just the opposite is true and the facts are all on Joe Biden’s side.  The firing of Shokin made it more likely that Burisma’s investigation would continue.    It is part of the testimony record of witnesses that the Shokin was not reforming the corrupt system in the Ukraine and numerous organizations including the International Monetary Fund  and the leaders of the  European Union wanted him out.  Any claims of wrongdoing  by Joe Biden are really limited to a barrage of tweets and Fox News commentary.

Calling Hunter Biden to testify would backfire.    No one is sure of the exact payments he received, and any revelation would be immediately objected to as irrelevant.    It is very common for a corporation to bring in individuals from outside the company  who can help the company establish its image and reputation.  President Ford was on dozens of corporate boards, making a lot of money in director fees.  He did nothing wrong and neither did Hunter Biden.

Republicans, I think, like more of talking about Hunter Biden than actually calling him to testify.   His past drug problems and infidelity are irrelevant to the Senate hearing, but great for the tabloids.

So,  I’ve yet to hear of a witness that Republicans seriously could call to testify.

Stay tuned,

Dave