newYou can now listen to Fox News articles.
Editor’s note: A version of this column first appeared in Author. Jonathan Turley’s blog.
Hunter Biden’s second indictment brings nine new criminal charges and many problems for both him and his father, President Biden. The indictment shatters past allegations and denials related to a massive influence operation by the Biden family. But this is also an example of the dangers of legal gluttony.
Five months ago, after a plea deal hit a snag during a hearing before Judge Mariellen Noreika, an irate Biden defense attorney, Chris Clark, slammed federal prosecutors, saying they would “just destroy it.” They did so, and for the first time Hunter could actually receive a prison sentence.
The six misdemeanors and three felonies for tax evasion and false tax returns carry a potential sentence of 17 years in prison. It could have been much worse. The Justice Department inexplicably allowed the statute of limitations to expire on the most serious charges related to payments dating back to 2016. These charges are mentioned in the indictment but are not charged as separate crimes.
Hunter indictment is ‘nuclear bomb to Biden’, Joe is like Clinton in Lewinsky scandal: expert
None of this would have happened if Judge Noreika hadn’t asked a very simple question about the plea agreement and the blanket disclaimer buried in its language. Many judges would probably have challenged the agreement and given Hunter the sweetest deal.
Noreika noticed that the agreement seemed to give Hunter immunity from all future crimes and asked the prosecutor if he had seen such an agreement. He honestly answered, “No.”
IRS whistleblowers later discovered that there was pressure within the Justice Department not to prosecute Hunter at all in the highly privileged investigation.
An investigation by the House of Commons revealed how Hunter and his lawyers allowed a desire for special treatment to develop into a violent disorder. The Justice Department reportedly gave Hunter a “warning” about the planned search and interview and called off the effort. Even though the Justice Department had an agreement to “enforce the law” to prevent the early indictments from expiring, the special prosecutor let them die for no rational reason.
Read: The full indictment against Hunter Biden
In this “all you can eat” legal smorgasbord, it’s surprising that the Biden team is asking for an unprecedented immunity deal and just two misdemeanors after years of tax evasion targeting millions through insider trading. isn’t it.
After all, Attorney General Merrick Garland had rejected many calls by the public to appoint a special prosecutor to investigate the corruption scandal. The scandal was legally closed and the media covered Hunter.
Joe Biden is the ‘big loser’ of Hunter’s plea deal collapse, some critics say
The laptop was falsely accused of Russian disinformation, and the media largely dismissed the influence-spreading claims. Every time a new allegation surfaced, the president and the media would literally rush to the nearest ice cream shop to discuss the president’s favorite flavor.
For more FOX News opinions, click here
In other words, why should you seek a comprehensive immunity agreement? The answer was, why not?
The moment Judge Noreika cleared his throat in court, everything fell apart.
As prosecutors struggled to explain the absurd immunity clause, Biden’s defense team was clearly shocked by the idea that they might have to invoke partial restrictions. After all, the president himself declared that “no one agrees with Biden.”
At that time, they told the prosecutors to “just destroy it.” These are the four most dangerous words a criminal defendant can say at a plea bargain hearing. They could have immediately scaled back the immunity agreement and even added some misdemeanors to salvage the agreement. Instead, they shredded the client.
What followed was performative and frankly a bit pathetic. To the excitement of some in the media, the Biden team promised to be aggressive with witnesses and critics. They began making demands as if they were still in control of events, such as saying they would comply with Congressional subpoenas only on their own terms.
That won’t work. The bill is due. Garland is still protecting President Biden from the special counsel, but Hunter Biden will have to face these alleged crimes and corruption. Even the media acknowledged that he was spreading influence while remaining the president’s last line of defense. The final defense is that while it was corrupt, it was just a fantasy because it didn’t actually influence Joe Biden.
In other words, hunters are rapidly becoming expendable.
CLICK HERE TO GET THE FOX NEWS APP
The lessons for lawyers should last a long time. Even if she were able to secure a huge lover’s deal, she might want to control some of her share. That “all you can eat” option may not be the best course for your client. The Justice Department was clearly willing to do whatever Hunter asked for, but perhaps it would have to ask less.
In some cases, it may be better to choose a more limited a la carte option. The client will consume less, but may be able to get up from the table. In other words, be careful what you ask for…you just might get it.
Click here to read more about Jonathan Turley