Hunter Biden just showed the perils of playing the game of chicken with yourself.
Many have marvelled at Hunter’s careening toward a cliff for months while publicly declaring that he was prepared to go.
The Justice Department never went over the cliff because it needed something to gain or lose in open-and-shut cases in Delaware and California.
There was never a serious question of convicting Hunter of these crimes; it was just the Justice Department’s will to secure them.
Special Counsel David Weiss inexplicably allowed serious felonies to expire, refused to bring obvious crimes as an unregistered foreign agent, and sought to cut an embarrassing sweetheart deal with Hunter to avoid any jail time on a couple of minor offences. The deal collapsed in open court when a judge baulked at a provision giving Hunter sweeping immunity for any crime.
When she asked the federal prosecutor if he had ever seen such a plea bargain offered by a defendant other than the President’s son, he admitted that he had not.
That is when the chest pounding began. Unwilling to accept anything but the sweetheart deal, Hunter’s defence counsel told the prosecutors in court to “just rip it up.” They did, and Weiss was forced to prosecute Hunter. According to the Justice Department, Weiss continued to try to cut a plea bargain with Hunter but was rebuffed by the defence.
They then went to Delaware, the home of the Bidens, and tried to convince a sympathetic jury that Hunter was a drug addict who was not responsible for his actions, as well as other unsupported claims.
It failed spectacularly with a conviction on all counts.
Hunter then floored it for the California cliff on the tax charges as the Justice Department, and most of us watched, confused about how he was trying to intimidate. He hit the brakes as the trial was beginning.
Hunter has put himself in the worst possible position for a plea. He waited until he had little to trade and reportedly did not even inform the prosecutors of his decision.
But it gets worse. If he had agreed to a less generous plea deal last year, he could have secured a recommended sentence on both the gun and tax charges.
Instead, he will go into this sentencing with a past criminal record, an aggravating factor that could reduce the benefit of the belated plea.
In the end, Hunter had nothing to offer, nothing to bargain. He pleads guilty to all nine counts.
This decision may still be based more on political than legal calculations. Hunter was almost particular to be convicted. But it would have taken time as his father’s administration (and pardon authority) wanes.
If Hunter still hopes for a presidential commutation or pardon, the chances of such executive action are dramatically improved after sentencing. The White House rarely considers pardons before a trial and sentencing. Indeed, it often waits for appeals to run their course.
Moreover, given this history, the Justice Department seems likely to demand jail time, which is equally possible to be granted.
If that sentence is lengthy, it will add pressure on President Biden to take action with a commutation or pardon.
If President Biden violates his promise not to pardon Hunter, it will not surprise many. In 2022, I wrote that the President could resign or withdraw as a candidate and pardon Hunter.
I referred to this as a “break-the-glass option”: “He would end his political career with an act as a father, which some would condemn but most would understand.”
The plea also prevented the massive influence peddling operation of the Biden family from being aired in open court.
The Justice Department’s refusal to charge Hunter as an unregistered foreign agent contradicts past and current cases under the Foreign Agents Registration Act (FARA).
