Biden's DOJ breaks own guidance on charging 'most serious' offenses to give Hunter Biden sweetheart deal

On top of failing to pay taxes, the Justice Department has charged Hunter Biden with possessing a revolver in 2018 while "knowing that he was an unlawful user of and addicted to a controlled substance."

Hannah Nightingale Washington DC

Following the revelation that Hunter Biden, son of President Joe Biden, is expected to plead guilty to two federal misdemeanor counts of failing to pay taxes and may get a gun possession charge dismissed as part of this deal, Brett Tolman, executive director of Right on Crime, has pointed out that the Biden Department of Justice may be violating the Ashcroft Memo.

"It is the policy of the Department of Justice that, in all federal criminal cases, federal prosecutors must charge and pursue the most serious, readily provable offense or offenses that are supported by the facts of the case, except in limited circumstances authorized by the Assistant Attorney General, United States Attorney, or designated supervisory attorney," the Ashcroft Memo states.

On top of failing to pay taxes, the Justice Department has charged Biden with possessing a revolver in 2018 while he knew that he was an addict, and lied in the background check forms in order to obtain the weapon. In October 2022, the FBI stated that there was enough evidence to charge the younger Biden with both tax and gun crimes. It was then up to the US Attorney in Delaware to decide whether or not to file those charges.

The maximum penalty for the charge is 10 years in jail and a $250,000 fine. But in this case, the charge will likely be dismissed if certain conditions are met, meaning that the DOJ is not pursuing "the most serious, readily provable offense or offenses that are supported by the facts of the case."

"DOJ is violating its own internal policies on this case. The Ashcroft Memo requires they charge the 'highest provable offense’ and seek consistent sentences with other cases brought by DOJ. This prosecution is an absolute laughable joke. Thousands have been sent to prison for long terms for the same charges," wrote Tolman.

Violations of 18 USC Section 922 G are punishable by up to 10 years in prison. The section relates to prohibitions on the ownership of firearms or ammunition, which includes drug addicts, which Biden has been open with his struggles.

"They are ignoring decades of policy and precedent to seek felonies not misdemeanors and seek sentences within the guideline range. The diversion agreement on the felony is offensive to everyone not politically connected who sought diversions and were literally laughed at by DOJ," Tolman wrote.

"Thousands of people have been prosecuted under Project Safe Neighborhoods by DOJ. They brag about getting nearly 5 years of prison time on average for their gun cases. If they followed policy, Hunter would be looking at a minimum of 5 years in federal prison. But he’s a Biden," he added.

In one 2020 case, Isca Johnson of Tennessee was sentenced to 21 months in federal prison after it was found that he is an unlawful drug user in possession of a firearm.

Tolman, in reference to 18 USC Section 924 C, said that it would be "easy to prove given Hunter was distributing/dealing drugs with a firearm in his possession."

"Such charges were brought against thousands in inner cities across the country for last 20 years. Mandatory minimum sentences for all. Except Hunter," wrote Tolman.

Tolman concluded: "Since Hunter “brandished” his firearm during the commission of a drug crime, he would be looking at a mand min of 7 years in fed prison. DOJ could also add on top mand min possession of child pornography if any of the girls were underage, plus on top of that years for tax evasion."

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