Hunter Biden Should Take a Plea Deal. Quickly.
Hunter Biden faces up to 25 years in prison if convicted on three felony gun charges in a trial that is set to begin in Wilmington, Del., on Monday. In the meantime, his father is behind in many polls, his financial benefactor is reportedly “tapped out” and his best legal arguments require gutting federal gun control laws. An embarrassing trial that he is likely to lose will only make things worse.
An early plea agreement — in which he agreed to plead guilty to two misdemeanor tax charges and enter into a deferred prosecution agreement on the gun charges — fell apart last summer. But a criminal defendant can accept a plea deal from the prosecution anytime before the jury returns its verdict, which means that he might still have a chance to avoid a full trial.
If he can, he should.
To bring federal charges, the Department of Justice manual advises that a prosecutor should believe that the defendant is guilty, that the prosecutor believes he has evidence that will prove the defendant is guilty beyond a reasonable doubt, and that the prosecutor believes that a reasonable jury would convict the defendant. In practice, this means that once the Department of Justice has indicted you, they believe they will win. And they almost always do.
Over a 12-month period ending last fall, just 290 of the nearly 72,000 federal criminal defendants charged by the Justice Department were acquitted at trial. That’s less than one half of 1 percent. (Of course, only 1,379 were convicted at trial — a paltry 2 percent.) The vast majority facing a D.O.J. indictment decided either to plead guilty outright or accept a plea deal, believing that the prosecutor had correctly weighed their chances of winning in front of a jury before bringing the case in the first place.
Hunter Biden has argued that he was only charged because of his last name. And he has a point — there are far more gun crimes committed than can be handled by federal prosecutors. The main charge is that he had a gun while using cocaine, which is a rarely used part of the statute. But that’s usually because drug use is hard to prove compared to other gun charges, like being a felon with a gun. Here, though, prosecutors have noted that “investigators literally found drugs on the pouch where the defendant had kept his gun.” And when prosecutors do bring this charge, people who are found guilty are often sentenced to real prison time — over a year for someone in Hunter Biden’s shoes.
That would be enough of an incentive for most people to plead guilty to federal gun charges. Hunter Biden has even more.
