By Jack Phillips
A former U.S. attorney accused the Department of Justice of violating its own internal policies when it came to an agreement with Hunter Biden to reach a plea deal on tax crime and gun charges.
The DOJ is “violating its own internal policies on this case,” former U.S. Attorney Brett Tolman wrote. “The Ashcroft Memo requires they charge the ‘highest provable offense’ and seek consistent sentences with other cases brought by DOJ,” he said, referring to a directive handed down by former Attorney General John Ashcroft that requires federal prosecutors to charge and pursue the readily provable and most serious offenses supported by evidence and facts of a case.
“This prosecution is an absolute laughable joke,” Tolman wrote, adding that officials “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.”
He added that under federal rules, “thousands of people have been prosecuted under Project Safe Neighborhoods” by DOJ prosecutors. “They brag about getting nearly 5 years of prison time on average for their gun cases,” he stated. “If they followed policy, Hunter would be looking at a minimum of 5 years in federal prison. But he’s a Biden.”
Going a step further, Tolman wrote that the move is “shocking” and tantamount to the “most blatant hypocrisy that screams to the level of injustice many have suffered at the hand of DOJ pounding Average Joe defendants,” he said. “Everyone can now see what so many have observed growing, the politics of prosecuting. When absolute power is given with no accountability or transparency, then consistency and fairness become obsolete.”
On Wednesday, Attorney General Merrick Garland was asked about the contours of the case and he appeared to distance himself from the investigation. “As I said from the moment of my appointment as attorney general, I would leave this matter in the hands of the United States attorney” serving Delaware, Garland told reporters, referring to David Weiss.
It was confirmed that Hunter Biden, 53, will plead guilty to the misdemeanor tax offenses as part of an agreement that was made public Tuesday. The agreement will also avert prosecution on a felony charge of illegally possessing a firearm as a drug user, as long as he adheres to conditions agreed to in court.
President Biden, asked about the development at a meeting on another subject in California, said simply, “I’m very proud of my son.” The White House counsel’s office said in a statement that the president and First Lady Jill Biden “love their son and support him as he continues to rebuild his life.”
He is to plead guilty to failing to pay more than $100,000 in taxes on over $1.5 million in income in both 2017 and 2018, charges that carry a maximum possible penalty of a year in prison. The back taxes have since been paid, unconfirmed reports said.
The gun charge states that Hunter Biden possessed a handgun, a Colt Cobra .38 Special, for 11 days in October 2018 despite knowing he was a drug user. The rarely filed count carries a maximum sentence of up to 10 years in prison, but the Justice Department said Hunter Biden had reached a pretrial agreement. This likely means as long as he adheres to the conditions, the case will be wiped from his record.
Christopher Clark, a lawyer for Hunter Biden, said in a statement that it was his understanding that the five-year investigation had now been resolved. “I know Hunter believes it is important to take responsibility for these mistakes he made during a period of turmoil and addiction in his life,” Clark said. “He looks forward to continuing his recovery and moving forward.”
Clark, when reached for comment, declined to issue a statement to The Epoch Times about the agreement.
Republicans largely said that the plea deal was designed to give the younger Biden a “sweetheart” deal that suggests there is a two-tiered system of justice in the United States, coming in light of recent charges against former President Donald Trump. They also pointed to a public statement issued by Weiss, the U.S. attorney in Delaware, in which he said there is still an “ongoing investigation.”
House Speaker Kevin McCarthy (R-Calif.) told reporters Tuesday that he believes Weiss’s statement about an ongoing investigation means federal officials are trying to avoid releasing information about Biden’s family to Congress that could potentially politically damage him.
“This does nothing to our investigation,” McCarthy told reporters Tuesday, referring to House Oversight probes targeting Biden family deals overseas. “It actually should enhance our investigation because the DOJ should not be able to withhold any information now saying that there’s a pending investigation. They should be able to provide Chairman James Comer with any information that he requires.”
The Associated Press contributed to this report.
