December 4, 2023
Joe & Hunter Biden IMG Public Domain acaben, CC BY-SA 2.0 , via Wikimedia Commons
While most media focus is on Hunter Biden, there’s a lot more at stake here for all Americans than just that. (Cropped from a photo by acaben: CC BY-SA 2.0)

“Hunter Biden’s Attorneys Fire Off Letter Accusing Republicans of ‘Political Interference’ in Criminal Investigation,” The Politics Brief reports.

“For months now, one or more of you, or others acting at your behest, have done everything you can to interfere with ‘impartial justice’ and the proper workings of a criminal investigation involving our client,” Biden attorney Abbe David Lowell wrote in what appears to be a Hail Mary attempt to sway public opinion and pressure the court.

So, taking political advantage of opposition scandals is now off-limits? Has someone told the Democrats (who even make them up, as the whole “Steele dossier” fraud, drawing the Justice Department, the FISA Court, and especially the media into the lies demonstrates)?

The crux of Lowell’s arguments?

“Your blatant efforts achieved your goal as the U.S. Attorney in Delaware today filed gun charges against our client — charges that are unprecedented when not part of some other criminal conduct and have been found unconstitutional by a federal court of appeals — and who reversed his earlier decision that such charges were not warranted. Your improper interference now affecting a federal prosecutor is a much greater threat to society than the 11 days that Mr. Biden possessed an unloaded gun.”

To accuse Republicans of having undue influence with the Department of Justice goes beyond projection and enters gaslighting territory. DOJ has been running continual interference for Biden and squelching attempts to determine the truth of government involvement, including in lines of inquiry opened by AmmoLand to uncover:

  • ATF involvement: Repeated refusals by ATF to answer a Freedom of Information Act request and a defeat of a resulting complaint in court due to Hunter Bidens’ “privacy interests” (which are now moot) mean a new FOIA can’t be filed until the current gun charge against him is resolved. That’s because, without an end to the investigation and affected litigation in sight, ATF will stall on answering indefinitely.
  • Secret Service involvement: The agency has signed an affidavit denying involvement. Curiously, referring to Hallie Biden throwing Hunter Biden’s gun into a market trash bin, Fox News is still reporting “Also, the word is, the Secret Service fished it out” (@ 41 seconds).
  • DOJ authority to offer a diversion agreement based on “consent to permanent entry” into the National Instant Background Check System: Unless a citizen falls into one of the “prohibited persons” categories established by Congressionally enacted law, no one in the Executive branch has the delegated authority to create new conditions and classifications.

Also, just because they retrieved the gun unloaded from the trash bin doesn’t mean Biden didn’t possess ammunition for it, as Lowell implies. Per Giffords Law Center:

“Delaware does not: Require a license for the sale of ammunition; Require sellers of ammunition to maintain a record of the purchasers; Require a license to purchase or possess ammunition…”

Another attempt by Lowell to excuse his client and redirect focus is his claim that the “charges … are unprecedented when not part of some other criminal conduct.” He, in effect, is saying it is U.S. government policy that it’s OK to lie on a Form 4473 and receive a gun if that’s all you do.

There’s nothing in the law that says Congress intended enforcement to be optional and arbitrary. If that’s the case, so much for “universal background checks” being vital to deterring criminal violence. Then again, that’s not why the government really wants them, and the National Institute of Justice admitted as much when it observed:

“Effectiveness depends on the ability to reduce straw purchasing, requiring gun registration…”

It might also be instructive to see who the DOJ elects to prosecute when it decides to enforce the law.

Standing out is the case of Jakobe McCray Woullard, 19, a black man who “pled guilty … to being an unlawful user of a controlled substance in possession of a firearm.” Authorities found Woullard in possession of “one” round of ammunition, charged him with that, and sentenced him to “115 months of confinement on his new offense and 24 months for violating his federal supervised release” for his previous offense of smoking marijuana and possessing a firearm.

Also standing out is the case of Deja Taylor, a 25-year-old black mother “charged with being an unlawful user of a controlled substance in possession of a firearm and making a false statement during the purchase of a firearm.”

It’s fair to wonder if a review of prosecution records for this charge would show the defendants have disproportionately been people of color.

Ultimately, if the Bruen standard of text, history, and tradition is upheld, the charges against Hunter Biden should be determined unconstitutional (Fireams Policy Coalition has even offered to help) and the whole prior restraint fraud of background checks should collapse like a house of cards. But it’s got to be for everybody, not just Joe Biden’s corrupt, overprivileged political “nepo baby.”

The questions raised here are bigger than that. They go to the heart of how agencies empowered to prosecute citizens operate, and what oversight and restraints are in place to keep abuses in check. Recalling the Preamble to the Constitution, the whole reason behind the consent of the governed to a compact that pledges “to secure the Blessings of Liberty to ourselves and our Posterity,” it raises another question that too few Americans even think about let alone ask:

At what point will Department of Justice resources, focused almost exclusively on law enforcement, start prioritizing rights enforcement against infringements on the right of the people to keep and bear arms, just as it would with civil rights violations?

About David Codrea:

David Codrea is the winner of multiple journalist awards for investigating/defending the RKBA and a long-time gun owner rights advocate who defiantly challenges the folly of citizen disarmament. He blogs at “The War on Guns: Notes from the Resistance,” is a regularly featured contributor to Firearms News, and posts on Twitter: @dcodrea and Facebook.

David Codrea

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