Below is my column in the New York Post on the conviction of Hunter Biden in Delaware and how his nullification strategy may have backfired. As discussed below, empathy can turn into insult when jurors are given patently implausible theories by the defense. Hunter finally found a group of people who were unwilling to see him as immune from responsibility for his conduct. Hunter literally came up a donut short of a defense in Wilmington.
Here is the column:
The conviction of Hunter Biden on all of the federal gun counts created a surprising new precedent in Delaware … for Hunter Biden.
In terms of the law, this was the easiest judgment since the Jussie Smollett verdict. (Actually the Biden jury took a third of the time with a verdict in just three hours.)
For Hunter Biden, though, this was the first time he’s ever been held accountable for any criminal conduct, be it drug use, or prostitution, or tax evasion, or violations of various federal laws.
To have that moment come in the hometown of the Bidens likely only magnified the shock.
Last year, I described the growing legal problems of Hunter Biden as the cost of “legal gluttony.”
The Bidens have always been adept at avoiding accountability, particularly for the extensive influence-peddling operation that raked in millions in foreign payments.
That appetite for special treatment proved the undoing of Hunter, much like his appetite in other areas of his life.
Hunter and his team expected the same level of immunity when he worked with special counsel David Weiss to cut an astonishing deal to avoid any real punishment for these or other crimes.
Even before the deal was cut, Weiss allowed major crimes to expire under the statute of limitations (despite having an agreement to extend that period).
He also agreed to a deal that would have avoided any jail time and would have given Hunter an immunity bath that would have drowned the entire criminal code.
Hunter and his legal team succeeded in securing this sweetheart deal, which shocked many of us.
More importantly, it shocked US District Judge Maryellen Noreika, who only had to question the immunity provision to have the entire agreement fall apart in open court. The prosecutor admitted that he had never seen a plea bargain like this in his long career.
That’s when the legal gluttony became even more pronounced. Rather than fight to preserve key elements of the plea agreement, defense counsel said, “Just rip it up.”
Later, the special counsel said the Hunter defense team would not agree to a compromise agreement and instead forced the matter to trial.
I wrote before the trial that the defense was insane to try the case rather than plead guilty. A plea would have virtually guaranteed that there would be no jail time in the case.
Instead, the defense launched an open jury nullification effort to get the jury to simply ignore the evidence. In the hometown of the Bidens, this was the best jury pool that Hunter could hope for.
However, the nullification strategy was another manifestation of a gluttonous appetite
Hunter Biden was still demanding a pass in a case where guilt was unavoidably and undeniably obvious to everyone.
Defense counsel Abbe Lowell made a series of defenses that collapsed within the first two days in spectacular fashion.
Lowell suggested that someone else checked the box on the form and that Hunter may have had a brief window of sobriety or non-drug use.
Hunter’s own words played from his audiobook knocked down much of those arguments, and a store employee recounted watching Hunter fill out the form.
In the first interview with a juror, Fox News seemed to confirm that the Biden defense overplayed its hand. The juror raised the text messages showing Hunter trying to score drugs at a 7-Eleven.
Lowell suggested that he might have been at the store buying a donut.
However, the juror noted that Hunter stated in his book that the 7-Eleven was his favorite spot for buying drugs, just as his texts indicated. He clearly viewed the story as more hole than donut.
It is an example of how an all-you-can-eat defense can fail to even get a donut from a sympathetic jury.
The problem now is that this all played out in front of the judge who will now sentence Hunter.
Noreika witnessed the attempt to secure the sweetheart deal and then the disaster in open court.
She watched as a defendant not only refused to admit guilt, but decided to put on an obvious jury nullification defense.
That history could weigh in favor of a short jail stint for Hunter, a risk that would have been effectively eliminated by a guilty plea.
Hunter will now face an even greater risk in Los Angeles on the more serious counts of tax evasion. It is, again, an open-and-shut case.
I expect that he will plead guilty in that case. If Delaware made any impression on Hunter, it is that there are real costs to allowing your appetite to exceed your limitations.
Jonathan Turley is an attorney and professor at George Washington University Law School.
This is Floyd James Estovir, stooge of Turley’s blog. I write posts for all the puppets. Fictitious commenters who parrot far-right talking points.
Some of you may object to the endless profanities I am forced to write. Please understand this blog is a battleground in the culture wars.
So I have to use terms like ‘K_nts’, ‘cocks’ and ‘turds’ all day every day. That may sound harsh to Christians readers. But I’m a Christian too.
These profanities are crucial to let liberals know they’re not welcome on this blog. Otherwise they’ll feel free to post facts and statistics.
So I have to throw sh1t around and write depraved garbage. It’s what Christians do when dealing with communists.
Someday these liberals will finally get the message. They’ll leave us alone so my puppets can comment in harmony. Praising each other with posts like, “Well said”, or “You nailed it.”
Oh, and one more thing.
I love when you MAGA morons shove your big fat cocks up my turd hole. But dont tell my boyfriend.
Here, Lawn Boy Elvis Bug outs himself again, as the only other commenter to ever give a rats ass about upstate and meyer “praising each other”.
You are wrong “Tom”. This is turdrunner. I love cock up my ass even more than EB
Party on
“I wrote before the trial that the defense was insane to try the case rather than plead guilty. A plea would have virtually guaranteed that there would be no jail time in the case.”
***********************
The Hunter Biden legal team wasn’t insane to try the case and there will never be a day The Cocaine Hunter spends behind bars. The defense knew full well a pardon or commutation was coming before Sleepy Daddy Joe leaves office. They hoped the jury would get both Biden’s off the hook first. They didn’t (to their enduring credit) and now the fun really begins.
For reasons unknown, the Hunter Biden jury in Delaware was not corrupt but logical, rational, and coherent.
That jury found its Senator and President’s son guilty because of evidence that proved a violation of law.
If that same unbiased and impartial jury had been seated for Trump’s trial, it would have found him not guilty on 34 of 34 charges.
Incidentally, when will a mistrial be declared in Trump’s trial, given that a juror was clearly communicating with an outside entity before the verdict was issued?
Don’t they say that cheaters never prosper?”
Whoever said that never met a democrat
So right you are.
They cheated America and actual Americans out of their thesis of freedom and self-reliance, absolute freedom, absolute private property, absolute free and self-regulating industries, absolute free enterprise, absolute free markets, absolute private sector, the absolute “manifest tenor” of the Constitution, the absolute “manifest tenor” of the Bill of Rights, a severely limited and restricted government, and a nearly complete dearth of arbitrary “governmental” regulation.
No, George, no, no, no. What’s wrong— did MAGA media’s frenzied “2-tier justice system” BS lie go down the drain? I KNOW Turley had his column ready to go. I know drunky Pierro was ready to go with her tirade–but it all fizzled. Poof! Despite his conviction, a juror I saw interviewed said that Hunter should not do jail time because he had a substance problem that he has overcome. Hunter didn’t hurt anyone. In fact, even right-wing prosecutors said that for a first-time offender in a case in which the gun wasn’t used in the commission of some crime–those are pleaded down. No one was hurt by Hunter’s conduct.
On the other hand, Trump cheated the American people out of the truth about his character as a misogynist–after he bragged on the Access Hollywood tape about a perceived right to sexually assault women, Hope Hicks said Trump KNEW it would further erode support by women if they found out about Stormy and Karen McDougal. So, there was an illegal campaign in-kind donation from Pecker, and falsification of the payoff to Daniels.
Trump was found guilty because he IS guilty of the 34 felonies he was convicted of and even more. I’d still like one of you MAGAts to explain to me how or why the testimony of Trump insiders and documentary proof that the records were falsified to misrepresent the payoff as attorney fees were insufficient to support the 34 felony convictions. Explain how or why the jury was biased–I demand proof, not MAGA media rhetoric. AND, keep in mind, according to Turley, the Manhattan case was the weakest of them all.
There was CLEARLY NOT any jury member communicating with anyone before the verdict was issued–even Turley says so. The person who posed the fake notice was a prankster–by his own admission, so whatever MAGA media has told you that there’s “clear proof” is lying.
Yes, winners never cheat and cheaters never win. Trump has always been a cheater–in business, in his 3 (so far) marriages, in colluding with Russian hackers to smear Hillary Clinton to cheat his way into office in 2016, and when he lost again in 2020 and started the insurrection with the Big Lie.
No, George, no, no, no.
Gigi, at her finest
No one here cares, Gigi
Why do you waste your time, seriously?
You claim to be some kinda something or other.
You look like a pathetic LOSER cutting and pasting the same nonsense day in and day out.
What a great SUBSTANTIVE answer to what I wrote. In fact, it is archetypical MAGA— attack anyone with whom you disagree.
You cannot defend Trump based on the evidence— so it must be a rigged system, corrupt judge, dishonest prosecutor or politics. Trump did falsify records to hide the truth from voters because he knew it would kill his chances. Hope Hicks testified to that fact. Insulting me doesn’t change the fact that Trump engaged in election interference.
I say again… same tired bull shit you cut and paste every time.
There is no point debating you, gigi, ya self righteous kunt, because you will just lie and run off to the next lie.
Like inflation was 8% when trump left office. you said it. I hounded you about it for weeks. Now, months later you call me a liar and say you never said that.
So whats the point in debate if you are just going to lie.
You do what Pelosi did and try to pin the jobs lost during the pandemic on Trump. thats fvcking retarded. He didn’t close a single fvcking business. Not ONE. The lockdowns were the States.
You lie and claim Biden created 9 million jobs or some shit. First of all, no President has EVER created a single job, unless they hired someone new to clean Bidens underwear when he shits his pants. Do you think we are stupid and dont know that many of those jobs naturally returned after the lockdowns?? Or are you too stupid to know that? Its one or the other.
No one wants to debate you because you lie about the same shit over and over. Then you lie about lying about it.
You have still never admitted being TOTALLY FULL OF SHIT about the 12th amendment.
So here is your chance Gigi.
1. Does the 12th Amendment prohibit the President and VP from being from the same state, as you previously claimed?
2. Did Turley say that in his article, as you previously argued no less than 5 times?
She won’t be back
See below, as she doesn’t answer the question, but acts like an idiot BOT, repeating the same old shit
Anonymous Tom: whatever happened to you PROVING I said inflation was 8%–you said that I made that claim and you would prove it–so where’s the proof? I never hounded you because you don’t matter–to me or anyone else. You are a MAGAt, and possibly even a paid one. You are an attack dog who thinks that if you keep insulting people who point out facts that prove what a failure Trump was and how dangerous he is that we’ll just go away. Well, we won’t because too much is at stake–like health insurance for millions of Americans, the right to IVF, contraception and a woman’s right to choose, like protecting Social Security and Medicare that would have to be cut to pay for tax breaks for the wealthiest, like rolling back environmental protections that Trump has offered to sell to oil company executives for a $1 Billion campaign donation, like supporting Ukraine and driving back Russian aggression to prevent WW III, like pulling out of NATO, which has never been stronger thanks to Biden, like preventing runaway inflation that would result from more tariffs and a dramatic increase in the national debt that would arise due to Trump’s tax cuts and the increased cost of goods due to tariffs.
Do you even know how job creation numbers are arrived at? Of course not. An unnecessarily large number of jobs were lost due to Trump’s deliberately lying about the seriousness of COVID–something he admitted to Bob Woodward–because he thought it made him look bad and because, frankly, he didn’t know what do to and his ego wouldn’t allow him to defer to experts who wouldn’t kow tow to him or stand by while he lied about Hydroxychloroquine and Ivermectin being cures for COVID, or his refusal to wear a mask. Too many Americans died unnecessarily just due to Trump’s ego.
Trump is fond of asking whether we are better off now than 4 years ago–hell yes! The stock market keeps setting new records. Unemployment is at a 50-year low. Inflation is coming down. Real wage growth is outpacing inflaction and family wealth is going up as is our GDP. No more daily COVID death and infection records or hospitals needing refrigerated trucks to hold corpses. You can now take a vaction without worrying that you’re going to contract a deadly infection. We have an infrastructure act that will create new jobs to build or repair roads, bridges and airports. We have the Inflation Reduction Act that will bring down the cost of insulin and prescription drugs. America is stronger now, and Trump is a threat to that.
whatever happened to you PROVING I said inflation was 8%–you said that I made that claim and you would prove it–so where’s the proof?
Its a lot of posts to go through, stupid ass, but I have narrowed it down
I just wasnt sure if it was before or after the Texas crude LIE
Don’t worry, I will find it
An unnecessarily large number of jobs were lost due to Trump’s deliberately lying about the seriousness of COVID
How many, Gigi?
How much have Bidens tariffs raised inflation Gigi?
Oh yea, they don’t. They’re different.
Inflation is coming down
LIE
It is hovering in the three’s
Real wage growth is outpacing inflation
Another LIE
First of all, ya spastic idiot, “real wage growth” is wage growth ADJUSTED FOR inflation, so it can’t OUTPACE inflation.
Seriously, are you a BOT?
George,
Trump is Trump and that makes him a much larger target.
He scares the Democrats and they are willing to do everything , including break the law to stop him.
Imagine what would happen if they actually tried to work with him…
With respect to Hunter… its an open and shut case.
He bought a gun by lying on the form 7743. That’s the issue.
Not the gun but lying on the form.
While Brandon says he won’t pardon Hunter, that doesn’t mean he won’t commute his sentence.
I suspect that if Hunter gets jail time… Brandon will commute his sentence.
He has already said if he wasn’t running for re-election Hunter would have gotten the plea deal. (Which is false)
So he’s going to use this as an excuse to commute Hunter’s sentence. So Hunter will still be guilty of a felony, just won’t serve jail time.
Now lets talk about the tax situation… and then the other crimes involving Joe and his uncle….
-G
With respect to Hunter… its an open and shut case.
He bought a gun by lying on the form 7743. That’s the issue.
Not the gun but lying on the form.
Not to impugn your conclusion, but one of the charges was about the gun. Unlawful possession of a gun by a drug addict.
Still open and shut, with no room for appeal by the 8th circuit ruling.
Yes. Trump DOES scare Democrats and sensible people. He is selling Executive Orders to the highest bidder for a $1 billion campaign contribution. He promises to ban abortions, IVF, contraceptives, and take away Obamacare from millions of Americans. There will be cuts to Social Security and Medicare to pay for tax cuts for the wealthy—in exchange for campaign contributions, of course. He will cut aid to Ukraine to pay back Russia for helping him cheat and try to pull the U S out of NATO— which could well start WW IIII if Putin carries out his plan to re-acquire the former USSR countries. His “economic plan “ for more tariffs will drive up inflation, as will driving up the national debt because of tax cuts . Trump is no leader, and has no clue on how to successfully run a government, as he has proven, and, yes, it does scare sensible people.
See, just more screeching lies with no substantive discussion. Or is that what you call substantive argument, Gigi? Is that what you are looking for? Stop pretending you want a debate.
We’ll start with this one. Please provide a link to the video, and transcribe the audio, of Trump making these promises
He promises to ban abortions, IVF, contraceptives,
Note: I don’t want no goddam links to Politico, or Vox or any other hack ass rag, writing their opinions. Nor any reference to project 2025.
You said “Trump promised to ban”. Now prove it.
And if you can’t provide those 3 videos, then STFU and leave this conversation to the adults.
She won’t. Its off to the next lie.
Read the 900-page “Project 2025” and then get back to me.
LMAO you didnt even know about that until i mentioned it
Now, where are those videos of TRUMP PROMISING
Not what you said, lying kunt
Have you heard of “Project 2025”? Here is a description from “Media Matters”, dateline March 2024:
Project 2025, a comprehensive transition plan organized by right-wing think tank The Heritage Foundation to guide the next GOP presidential administration, is the conservative movement’s most robust policy and staffing proposal for a potential second Trump White House — and its extreme agenda represents a threat to democracy, civil rights, the climate, and more.
Project 2025 focuses on packing the next GOP administration with extreme loyalists to former President Donald Trump.
The plan aims to reinstate Schedule F, a Trump-era executive order that makes federal employees fireable at-will, stripping tens of thousands of employees of civil service protections. Both Trump and others in the conservative movement have said they will clear out the federal government if he is reelected. The project has even set up online trainings and loyalty tests to narrow down potential hires to those who will commit to follow Trump without question. As Project 2025 senior adviser John McEntee has said, “The number one thing you’re looking for is people that are aligned with the agenda.”
The Heritage Foundation’s nearly 900-page policy book, titled Mandate for Leadership: A Conservative Promise, describes Project 2025’s priorities and how they would be implemented, broken down by departments in the federal bureaucracy and organized around “four pillars that will, collectively, pave the way for an effective conservative administration: a policy agenda, personnel, training, and a 180-day playbook.” Written primarily by former Trump officials and conservative commentators connected to The Heritage Foundation, these proposals would severely inhibit the federal government’s protections around reproductive rights, LGBTQ and civil rights, climate change efforts, and immigration.
The initiative is backed by a coalition of over 100 organizations and individuals, at least two-thirds of which receive funding from the Koch network or conservative philanthropist Leonard Leo. The project is also heavily promoted by MAGA-connected media figures such as Steve Bannon, who has called it the “blueprint” for Trump’s second term on his War Room podcast.
The Trump campaign has attempted to distance itself from efforts to promote or speculate about “future presidential staffing or policy announcements.” However, Project 2025 is significantly more developed than the Trump campaign’s analog initiative, called Agenda47. And given that the Heritage plan has the backing of virtually the entire conservative movement and links to numerous former Trump officials and advisers, it appears all but inevitable that Trump and his allies will rely on the policies and personnel assembled by Project 2025 if he is reelected in November.
This resource outlines the specific policy and personnel priorities of Project 2025 for the next Republican administration.”
As the piece says, whenever he is criticized for the dangerious agenda, Trump “attempts’ to distance himsefl–but it’s not working. The document itself is 900 pages long, and is available online.
LMAO
Again, I mentioned 2025, and now you bring it up in every post
LMAO
Where are the videos of TRUMP PROMISING
Nonviolent felons cannot be barred from owning a gun according to Bruen.
——-Svelaz George
From Bruen:
“Our holding decides nothing about who may lawfully possess a firearm or the requirements that must be met to buy a gun”
Welcome to Svelaz-George’s Fantasy
“Don’t do the crime, if you can’t do the time!” Baretta
For anyone considering having a discussion with Svelaz George, I would like to post his latest gem.
Nonviolent felons cannot be barred from owning a gun according to Bruen.
This is laughable. Bruen doesnt say one freaking word about non violent felons. Not one.
That was a ninth circuit ruling.
Bruen dealt with concealed carry.
He also said that Rahimi, Hunter, and Daniels were “charged with non violent crimes”.
Hunter and daniels were charged with nothing aside from the gun charges.
Rahimi was under (g)(8) restraining order for domestic VIOLENCE.
Impossible to discuss with someone who just makes shit up.
Starting to think Svelaz George is the crack head.
SHALL NOT BE INFRINGED WITH A FORM COMPLETION REQUIREMENT OR BY ANY OTHER MEANS OR METHOD.
An American citizen cannot suffer the infringement and denial of his 2nd Amendment right to keep and bear arms through an unconstitutional requirement to complete a form or take any other action related to his keeping and bearing arms.
_______________________________________________________________
2nd Amendment
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
Great point OCD George! And completely irrelevant to the discussion.
Same goes for the NFA of 1934, the FFA of 1938 and the GCA of 1968. Completely and entirely unconstitutional. And currently the law of the land unless you share a room at the Fantasy Hotel with the other George.
Can we keep it to that, rather than rewriting history?
Thank you so much for your hearty concurrence, comrade.
American history was terminated by your idol “Crazy Abe” Lincoln and his fellow traveler, Karl Marx, and by all the progressives-cum-socialists-cum-communists who followed.
Their actions were utterly anti-American and unconstitutional and America will never be America until the history of their et al. imposition of communism is rewritten.
You are absolutely correct – it is time to absolutely abrogate communism in America, and to re-implement the original Constitution and Bill of Rights.
Americans In – Communists Out!
IT IS LONG PAST TIME!
Oooook bro, calm down. As i have said, not a big fan of tilting at windmills.
I am a 2A advocate but,
Bruen is a shit show, and we are seeing the results of it now.
You’ve got courts arguing, well there was this prohibition in 1827, and this requirement for douchebags and on and on. Like unconstitutional laws from 1820 are “historical precedent”. The fvxk they are. They were unconstitutional then and still are.
How many unconstitutional laws have we had since 1791? Fvck that historical tradition horse shit.
The only people winning are the lawyers.
Waters is Floyd James Estovir, in case anyone hadn’t guessed.
Wrong. As usual.
In case anyone hasn’t guessed, I am you, you are me, he is her, they are you, we are him, he is it, you are them, it is you, we are them, it is her, she is them, yours are mine, it is ours, his is hers, yours is theirs,, mine is theirs, and you have way too much time on your hands.
Well said
The family that showers together, stays together. Hunter should feel right at home in jail.
Roger John Osborne is also Floyd James Estovir.
Awww, the little comic saw that his last schtick wasnt working so he is back with something else.
NO ONE CARES, spastic.
Andrew C. McCarthy wrote, “[If Comey had indicted Hillary, Comey would have convicted Obama].”
Andrew C. McCarthy will soon write, “[If Weiss indicts Hunter, Weiss will convict Obama].”
Oh, wait. That already happened, didn’t it?
My bad.
Jonathan: DJT and his campaign have a different take on Hunter Biden’s conviction. The campaign said in a statement: “This trial has been nothing more than a distraction from the real crimes of the Biden Crime Family, which has raked in tens of millions of dollars from China, Russia and Ukraine”. You join in with that chorus in your column– Hunter has never “been held accountable for criminal conduct, be it drug use, or prostitution, or tax evasion, or violations of various federal laws”. Let’s unpack your spurious claims.
First, Hunter does face another trial in CA over his failure to pay taxes. You forgot that part. Second, drug users don’t normally get prosecuted for the mere possession or use of banned drugs–unless they are also involved in the sale or distribution of drugs. Drug addicts almost always get diversion into rehab programs. That’s what was part of the original plea agreement that fell apart. SC Counsel Weiss did not charge Hunter with possession of drugs–only for lying on the firearms registration form.
Third, “prostitution” is usually prosecuted by the states–not the feds. And it’s usually treated as a misdemeanor. Of course, if you buy the bizarre claims of MTG Hunter was involving in the interstate transportation of minors for sex. But Weiss found no evidence for that false claim. MTG made up the whole thing!
Finally, what “violations of various federal laws” do you think the Biden family has committed? The “two Jims” have spent over a year trying to find them without success. Any evidence Joe Biden pocketed millions from his family’s overseas business dealings? Nope. All your column proves it that even law professors can be seduced by DJT’s campaign of disinformation. But that’s what you get paid to do!
Dennis the Draft Dodger steps on his tiny penis again.
Second, drug users don’t normally get prosecuted for the mere possession or use of banned drugs–unless they are also involved in the sale or distribution of drugs.
Hunter admitted to distributing drugs, to hookers, to dating partners, and to his dead brothers widow, whom he was cornholing at the time.
Darn, those inconvenient facts.
This is unrelated to the content of your post, but I’d say that if a penis is large enough that the person who owns said penis can step on it . . . then it’s probably not that small. Unless he’s contortionist. (And yes, I assumed that a person with a penis is a ‘he’.)
Fair point. But everything is relative, isn’t it?
What was the line in Braveheart….Some men are longer than others..
Does this mean President Biden can start harassing, and use mafia style threats to the justice system, DOJ, juries and judges? Can President Biden start a super PAC and collect money to pay off his son’s legal bills?
What do you mean by “start?”
UpstateFarmer- well said and pithy. Gave me a chuckle.
GEB, thank you!
Fish wings/dennis
Coincidence?
Not
I’m glad the ruling went this way, but given that others have been ordered to actual jail for acts that Hunter has actually committed *recently* (subpoenas), and given that his sentence will be tantamount to ruffling the l’il scamps hair, I have to be of the mind that this is optics to stave off critics of two tiered justice, and to somehow ‘legitimize’ the Trump verdict. The DOJ’s farce of an internal audit doesn’t exactly dissuade me.
I think it’s important to understand that at this point, the DNC and its allies do nothing without specific intention; Nancy confirmed that as well on her daughter’s video. Sorry to be so cynical, but I am not celebrating a rare victory; this is more of the same malfeasance, IMO.
Do not take your eyes off the ball.
He probably won’t experience more than a hand-slap. His daddy is in the Oval Office. Probably filling out pardons of the whole family.
This verdict is official notice that he will be required to pay the price for the amazingly stupid unforced errors he committed that have so complicated his father’s term. Hunter’s window of opportunity for pardons is closing very quickly and he’s not likely to make it.
The prosecution proved their case.
The defense did not prove theirs.
First time offense, 15 months in prison, out in 7 with good behavior at a low security prison. Community service.
“ Instead, the defense launched an open jury nullification effort to get the jury to simply ignore the evidence. In the hometown of the Bidens, this was the best jury pool that Hunter could hope for.”
The defense did what any defense does according to their client. Defend their client who chose to fight the charges.
Hunter may still appeal the verdict.
If Biden challenges the constitutionality of the drug-prohibition on appeal, he will have several rulings working in his favor. In a major Second Amendment decision from 2022, a 6-3 conservative majority ruled that gun regulations must be “consistent with this nation’s historical tradition” to survive legal scrutiny. The ruling in New York State Rifle & Pistol Association v. Bruen, written by conservative Justice Clarence Thomas, has been used by Second Amendment groups to challenge gun laws across the nation.
One of those challenges, US v. Daniels, is directly on point with Hunter Biden’s case and is already pending at the Supreme Court. In Daniels, the 5th US Circuit Court of Appeals ruled last year that the federal prohibition on Americans owning guns while addicted to drugs cannot be squared with the nation’s history in the way Thomas called for in Bruen.
He wont appeal because the 5th ruling does not apply to him. The 8th circuits ruling applies to him.
It applies to him. The 5th ruling was not just about marijuana use. But drug use and addiction.
“ was adopted. In short, our hi story and tradition may support some limits on an intoxicated person’s right to carry a weapon, but it does not justify disarming a sober citizen based exclusively on his past drug usage.
Nor do more gen-eralized traditions of disarming dangerous persons support this restriction on nonviolent drug users. As applied to Daniels, then, § 922(g)(3) violates the Second Amendment. We reverse the judgment of conviction and render a dismissal of the indictment.”
Note this part,
“ Nor do more gen-eralized traditions of disarming dangerous persons support this restriction on nonviolent drug users.”
Here it spells out the reasoning that this doesn’t only apply to Daniels.
“ burden.A.We begin with the threshold question: whether the Second Amend-ment even applies to Daniels. The right to bear arms is held by “the people.” U.S. Const.amend. II. That phrase “unambiguously refers to all members of the political community, not an unspecified subset.” Heller, 554 U.S. at 580. Indeed, the Bill of Rights uses the phrase “the people” five times. In each place, it refers to all members of our political community, not a special group of upright citizens. Id. (citing United States v. Verdugo-Urquidez, 494 U.S. 259, 265 (1990)). Based on that consistent usage, Heller concluded that “the Second mendment right is exercised individually and belongs to all Americans.” Heller, 554 U.S. at 581 (emphasis added).Even as a marihuana user, Daniels is a member of our political com-munity. Therefore, he has a presumptive right to bear arms. By infringing on that right, § 922(g)(3) contradicts the plain text of the Second Amendment.“
Hunter Biden is also a member of our political community.
You conveniently leave out
“In short, our history and tradition may support limits on an intoxicated persons right to carry a weapon, but it does not justify disarming a sober citizen based exclusively on past drug usage”
I also love how you like to quote from the premises and not the conclusions.
LMAO
You do understand that the opinion gives both sides of the argument, right???
The whole case revolved around the fact that he wasnt under the influence of marijuana at the time of the arrest. Thats how the law was applied to daniels. The state could show no precedent that was analogous to a sober marijuana user, other than a sober alcohol user.
In the 8th circuit, the state satisfied the analogous burden. End of story.
Hunter is 8th, not 5th.
Unless Norieka has a reading comprehension problem too.
And the 8th circuit as well, who cited the daniels case in their ruling FOR THE STATE.
“ The whole case revolved around the fact that he wasnt under the influence of marijuana at the time of the arrest. ”
Again. This is not only about marijuana use. It’s also about drug use, meaning other substances that can be categorized as an addiction. The court explicitly used the alcohol example because it’s the closest historical reference.
When the court said,
“ Nor do more gen-eralized traditions of disarming dangerous persons support this restriction on nonviolent drug users.”
They clearly stated, “drug users.” Plural. They were not just referring to Daniels exclusively. But all those in the same situation as Daniels. They further support this when they say,
“ Based on that consistent usage, Heller concluded that “the Second mendment right is exercised individually and belongs to all Americans.” Heller, 554 U.S. at 581 (emphasis added).Even as a marihuana user, Daniels is a member of our political com-munity. Therefore, he has a presumptive right to bear arms. By infringing on that right, § 922(g)(3) contradicts the plain text of the Second Amendment.“
“The second amendment right is exercised individually and belongs to ALL Americans.”
This is the court saying it’s not exclusive to just Daniel’s.
The state did not prove Hunter was under the influence when he purchased his firearm. Just like Daniels. He was sober at the time. That he had used drugs in the recent past does not make buying a firearm illegal according to the 5th circuit.
When Rahimi is decided and if they rule in favor of Rahimi Hunter will have a stronger case to appeal.
The state has the burden of proof on any drug user to show they were under the influence at the time they buy a firearm. Simply being a drug user is not a reason to deny anyone their right to bear arms. Thats what the 5th circuit is saying.
No it’s not. Using drugs itself is not a crime. Committing another crime while under the influence is.
Drug users being high on the street are not committing a crime. If you’re caught with drugs it is a crime. Using them is not.
Once you have consumed a drug it is no longer legally in your possession. You have to be in the presence of a police officer while possessing a drug for it to be considered a crime.
Daniels directly applies to Hunter.
Veasley doesn’t apply because he committed a crime and pleaded guilty. Veasley SHOT his drug dealer. He tried to withdraw his guilty plea citing Bruen. The problem he had was not that he was a drug user. Is that he shot someone. The government charged him under 922(g)(3). He already committed a violent crime shooting someone.
Daniels, like Hunter did not commit any violent crime. Daniels was charged under the same statute. Just for being deemed a user. Daniel’s case directly applies to Hunter.
Obfuscation station. Veasley wasnt charged with “possessing a gun and shooting his drug dealer”. He was charged with possessing a gun while a drug addict/user.
UPHELD
Daniel’s case directly applies to Hunter.
Not according to the 8th circuit. Guess you know the law better than they.
Again, no. Veasley was in the process of committing a crime.
He was not only charged with possessing a gun while being a drug user/ addict. He wanted to retract his guilty plea on that charge because of Bruen.
The difference between the two cases is one involves violence and the other doesn’t.
Hunter’s case does not involve violence. This is why Daniels fits directly.
Lmao
Now you’re reaching bro.
g3 is not about violence. Its about drug use.
There are other statutes dealing with how a gun is both used while possessed unlawfully and used in committing other crimes. You are conflation station now.
Yep and bruen was about non violent felons. Riiiight.
Wrong again
The 9th circuit Ruling,
U.S. vs. Duarte.
“ 18 U.S.C. § 922(g)(1) makes it a crime for any person to possess a firearm if he has been convicted of an offense “punishable by imprisonment for a term exceeding one year.” Steven Duarte, who has five prior non-violent state criminal convictions—all punishable for more than a year—was charged and convicted under § 922(g)(1) after police saw him toss a handgun out of the window of a moving car”
Nonviolent crime even a felony is not reason to deny someone the right to bear arms.
Bruen sets a test to determine who can legally buy a gun. Nonviolent offenders, even felons can legally own, purchase a gun.
Not what you said.
But thanks for admitting you lied again
“ Daniels was not charged with or convicted of any crime related to his possession or use of marijuana, so what is this “non violent crime” you speak of?”
Daniels was charged based on the fact that he was a user. He was convicted for possession while being a user/addict. That was deemed unconstitutional by the 5th.
Again, you’re not reading for comprehension.
You’re not reading at all.
The 8th specifically cited the 5th.
“They were charged with violent crimes. In Daniel’s and Rahimi’s case they were charged with nonviolent crimes. “
Fvck you and your “reading comprehension” bull shit. How the heck am I supposed to know you didn’t mean exactly what you said? If you can’t properly articulate what you mean, that’s not on me, idiot. I don’t read into what’s said like you love to do.
In Daniel’s and Rahimi’s case they were charged with nonviolent crimes.
THAT is what you said. It is a LIE.
Daniels wasn’t charged with ANY other crime.
Rahimi’s was a VIOLENT crime (wrong again), but what else he was charged with is immaterial, because his case was about the DOMESTIC RESTRAINING ORDER statute (g)(8).
You say stupid shit, and then wanna blame it on comprehension???
You’re not even being serious. No one can be this dumb on accident.
Anyone who is a professional in the medical field or who has devoted their career to working with people who become addicted will tell you point blank that once an addict, always an addict. You can kick the addiction but truly cannot claim you are no longer an addict Hunter Biden will forever be an addict – period the end.