Hunter Biden - But His Emails! Gun Charge Indictment, Taxes, Hacking, Election Interference, Russian Ops - Jack Maxey

[bob]

CBS: Hunter Biden's ex-wife Kathleen Buhle testifies about his drug use in federal gun trial:

Prosecutors first called FBI special agent Erika Jensen, who was called to verify personal messages on Hunter Biden's devices.

During cross-examination, Hunter Biden's attorney, Lowell, pressed Jensen on whether she could verify the contents of the laptop admitted into evidence were not tampered with before law enforcement collected it from the Mac repair shop, which Jensen could not verify.

Don't know if the defendant will introduce evidence of the laptop's data actually being tampered with, or will rely on reasonable doubt. (But I infer that, because the agent testified about the messages' contents, the defendant will not dispute the accuracy of these messages.)

[RVInit]

Given what I have come to understand about addiction, most addicts do not believe they have a problem. Same goes for people addicted to alcohol. If he checked that box that asked if he was addicted to any substance prior to ever stepping foot in any treatment center it seems that would be an argument that people on the jury might understand if they have someone in their family that deals with addiction.

Would something like this require some kind of intent, such as "I know I am an addict but I'm going to check this box anyway"? Or is it enough that IF he was in a state of denial, he would still legally have been required to recognize that he was an addict and therefore he had to check that box?

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[bob]

From the prosecutor's presser:

When purchasing a firearm, a prospective purchaser must fill out a Firearm Transaction Record, ATF Form 4473, and certify that all of his or her answers on the form are true and correct. As alleged in count one of the indictment, Hunter Biden knowingly made a false written statement on the Form 4473, intended and likely to deceive the dealer he purchased the firearm from, when he certified that he was not an unlawful user of, or addicted to, any stimulant, narcotic drug, or any other controlled substance. In fact, he knew that statement was false, according to the indictment. In count two of the indictment, Hunter Biden is alleged to have knowingly made a false statement and representation to a federally licensed firearms dealer with respect to information the dealer is required to keep under federal law. Count three of the indictment alleges that during an 11-day period between Oct. 12 and Oct. 23, 2018, Hunter Biden possessed a firearm while knowing he was an unlawful user of or addicted to any stimulant, narcotic drug, or any other controlled substance, in violation of federal law.

If the defendant's defense is, "When I filled out the form (and later possessed the firearm), I didn't know I was an addict," I expect there will be many pre-purchase messages showing that he was aware that he was addicted. Even if he didn't expressly say, "I'm an addict, and I know I'm an addict."

Circumstantial evidence, and all that.

[RVInit]

From the prosecutor's presser:

When purchasing a firearm, a prospective purchaser must fill out a Firearm Transaction Record, ATF Form 4473, and certify that all of his or her answers on the form are true and correct. As alleged in count one of the indictment, Hunter Biden knowingly made a false written statement on the Form 4473, intended and likely to deceive the dealer he purchased the firearm from, when he certified that he was not an unlawful user of, or addicted to, any stimulant, narcotic drug, or any other controlled substance. In fact, he knew that statement was false, according to the indictment. In count two of the indictment, Hunter Biden is alleged to have knowingly made a false statement and representation to a federally licensed firearms dealer with respect to information the dealer is required to keep under federal law. Count three of the indictment alleges that during an 11-day period between Oct. 12 and Oct. 23, 2018, Hunter Biden possessed a firearm while knowing he was an unlawful user of or addicted to any stimulant, narcotic drug, or any other controlled substance, in violation of federal law.

If the defendant's defense is, "When I filled out the form (and later possessed the firearm), I didn't know I was an addict," I expect there will be many pre-purchase messages showing that he was aware that he was addicted. Even if he didn't expressly say, "I'm an addict, and I know I'm an addict."

Circumstantial evidence, and all that.

I never read the indictment and didn't realize it also includes whether he was a "user" of drugs. Knowing you used illegal drugs is different than understanding and recognizing that you are an addict. For some reason I thought the paperwork had to do with asserting that you are not "addicted to illegal drugs". So, that is a different thing. Yeah, I think he is likely toast on that because I do think that generally speaking juries try to follow the rule of law and instructions they are given no matter how much they might have sympathy for the situation of someone in the throes of addiction during a particularly low point in their life.

[Ben-Prime]

I thought I had read something along the lines of a "definition of 'is'" thing going on, something about HB having last used drugs 10 or 11 days before that purchase, so he could with a straight face say that he was not at that time a user of illegal drugs since his use was in the past and not at that time ongoing.

But I could be conflating multiple pieces about this. Is anyone else remembering anything along these lines?

[Ben-Prime]

I thought I had read something along the lines of a "definition of 'is'" thing going on, something about HB having last used drugs 10 or 11 days before that purchase, so he could with a straight face say that he was not at that time a user of illegal drugs since his use was in the past and not at that time ongoing.

But I could be conflating multiple pieces about this. Is anyone else remembering anything along these lines?

Now that I'm more awake and eating breakfast before heading into the office, I found a Daily Beast piece that reiterated from earlier stuff why I think the above:

The defense appears to be setting up a defense theory that, on the specific date Biden bought the gun, he genuinely believed he was not an addict because he had just finished an 11-day rehabilitation program.

Link here, but I don't think we can gift link DB articles (I'm a Daily Beast subscriber): https://www.thedailybeast.com/hunter-bi ... t-the-jury

[W. Kevin Vicklund]

That would likely resonate very strongly with me if I were one of the jurors.

[RTH10260]

[chancery]

As usual, I couldn't take it for more than a few tens of seconds.

The story seems to be here: https://www.nbcnews.com/politics/politi ... rcna155450

[pipistrelle]

Would anyone else be tried for these charges? (Excluding POCs) It seems little more than a show trial.

[RVInit]

Would anyone else be tried for these charges? (Excluding POCs) It seems little more than a show trial.

This short article says basically the same thing I have heard said by several current and retired prosecutors on multiple news channels. Short answer: this charge is rarely brough. Some of he prosecutors went on to say it's typically on brought when the person committed a crime with said gun and the prosecutor is trying to ramp up the penalty by adding charges.

https://www.nbcnews.com/politics/justic ... -rcna90191

[Rolodex]

I know the jurors aren't supposed to be watching media about the case, but I wonder if they're all thinking, "these charges are stupid. Maybe he did it but so do zillions of other folks who never get charged with this mickey mouse 'crime.'" And the folks with family members affected by addiction have got to be thinking, "Of course he ticked the no box on that question. He was a drug addict and they all lie." Sort of end up in a kind of jury nullification situation where they find not guilty based on the bulshittyness of the charge.

[Kendra]

https://www.cnn.com/politics/live-news/ ... index.html

The jury has been sent home for the day and court has adjourned.

Defense attorneys said in court that James Biden will not be called to testify, nor would any other witnesses.

The defense attorneys said they have not decided if Hunter Biden will testify, and they have until Monday to make that decision.
First lady Jill Biden did not return to court after the lunch break.

The CNN reporter in the courtroom said voices coming from the defendant room during lunch got pretty loud and a court officer had to open the door and quiet them down.

[raison de arizona]

https://x.com/MacFarlaneNews/status/1800183390735606216

ALERT: From Hunter Biden trial in Wilmington, DE

Prosecutor and defense rest

No Hunter testimony

Jury instructions underway.

Then jury lunch break.

Then closing arguments.

Case is moving swiftly

[pipistrelle]

Yeah, because it’s not much of a case.

[Flatpoint High]

he'll be found guilty to avoid claims of "bias" and undo influence

[Dave from down under]

he'll be found guilty to avoid claims of "bias" and undo influence

That depends on the Jury - who shouldn't be making policy based decisions

[Flatpoint High]

he'll be found guilty to avoid claims of "bias" and undo influence

That depends on the Jury - who shouldn't be making policy based decisions

true, but they just may

[p0rtia]

he'll be found guilty to avoid claims of "bias" and undo influence

That depends on the Jury - who shouldn't be making policy based decisions

true, but they just may

So you're saying they're all Democrats.

[Kendra]

Incoming verdict.

[Reality Check]

Guilty on all counts. Link coming.

emptywheel (chex mix) Retweeted
pbmelendez's avatar
Pilar Melendez @pbmelendez
2m
BREAKING: Hunter Biden is found guilty of ALL counts against him in federal gun trial.

Katie Phang @KatiePhang
34s
NOW: Hunter Biden has been found Guilty on all 3 felony gun charges.

[Suranis]

No real surprise. He probably was guilty of this nothingburger crime. In other news, I am guilty of Jaywalking.

[raison de arizona]

No real surprise. He probably was guilty of this nothingburger crime. In other news, I am guilty of Jaywalking.

A nothingburger that carries a max prison sentence of 25 years.

[Suranis]

Ok that part I was not aware of.

[TheNewSaint]

Oh, the irony of it. The GOP's big win is busting someone for violating a gun possession law.