Biden discussing Hunter’s gun case could put MORE pressure on DOJ to charge him, legal experts claim

Joe Biden commenting on his son allegedly lying on a form to buy a firearm could have done more to hurt Hunter than avoid jail time, according to a Second Amendment expert.

The president addressing the case during an active investigation could do more to motivate the US attorney to charge Hunter Biden by paying more attention to the case, constitutional attorney and law professor Mark W. Smith told , to DailyMail.com.

Lying on a federal form to purchase a firearm can result in five years in prison, and owning a firearm as a person addicted to illegal substances can extend for 10 years.

But it’s highly unlikely that Hunter Biden would ever serve a full sentence, Professor Smith noted.

“Whatever it is, he can get a pardon from his father,” he said. “In practice, again, he has certain advantages that you and I would not have if we were in similar situations.”

“So I think they can make other decisions that you and I couldn’t, because, well, we can’t get a pardon from Dad.”

An image on Hunter Biden’s laptop shows him posing naked, holding a semi-automatic firearm at his side

President Biden, 80, appeared on national television Tuesday evening that his son was lying when he said he was not addicted to drugs when he bought a firearm.

Hunter, 52, faces possible charges for allegedly providing a false statement on a federal form.

Biden told CNN’s Jake Tapper in an extended interview that he is “proud” of his son for overcoming his drug addiction and writing a book detailing the problems he had with substances.

He also maintained that he was unaware of the gun purchase or that Hunter had lied about his drug use on the form at the time.

“He came by and said that thing about a gun, by the way — I didn’t know about it,” Biden insisted.

“But it turns out that when he applied to buy a gun, what happened was… I think you’re being asked – I don’t think so – you’re being asked, ‘Do you use drugs or do you use drugs?’ ?’ He said no. And he wrote about saying no in his book,” the president said in a confusing account of the events when Hunter bought a firearm.

“So I have a lot of faith in my son,” he concluded.

A federal case against Hunter has reportedly been put together by agents who must now wait for Delaware US attorney David Weiss – a Trump appointee – to decide whether charges should be filed against Biden’s only surviving son.

Tom Fitton, the chairman of conservative watchdog Judicial Watch, said Biden, who is handling the case, “highlights the Justice Department’s conflict of interest.”

‘The fact that he’ [Attorney General Merrick Garland] not appoint special counsel is a scandal,” he told DailyMail.com.

Fitton also speculated that “perhaps these comments are our deliberate political operation to pressure the Justice Department.”

Biden appeared to confirm reports that Hunter (right) lied on a federal form, saying he was not addicted to drugs when buying a firearm

When asked whether Biden helped or hurt the investigation into his son, Smith said it may have been politically beneficial but could be legally disadvantageous when it comes to avoiding jail time for his son.

He said Biden’s decision to comment on Hunter’s weapons purchase could be a calculated move that puts political considerations — such as the midterm elections and a possible 2024 run — above the factors that could put his only surviving son behind bars. .

“I think that could definitely be a factor,” Smith said when asked about the outlook. “And I don’t think it’s a crazy factor.”

“I mean, just take a step back,” Smith added. “All those federal laws we’re talking about that apply to Hunter Biden, what do they all have in common? Oh, that’s right, there are federal laws. Well, who controls pardons related to violations of federal law? President Joe Biden.”

Professor Mark W. Smith is a Second Amendment scholar who runs the Four Boxes Diner YouTube channel. He said the first family may not have to worry about being charged because the president can pardon his son

Politically, Smith said Biden could earn points by commenting on the matter and quietly dispelling the guilt of some voters. But legally, his comments could motivate the Justice Department to file charges after the president drew more attention to the investigation.

“I think there are two answers,” he said. “There is a political answer and there is a technical legal answer.”

“It’s not helpful to the Biden family or Joe Biden or to Hunter Biden,” Smith added. “When we talk about Hunter Biden and his potential criminal problems, Hunter Biden doesn’t look good.”

Talking about Hunter publicly in the press could even increase the pressure on the US attorney to prosecute. Why? Because the public talk put more focus on the issue. And if you publicly put pressure on a prosecutor, including the American prosecutor, I think that increases the chance of an indictment.’

“A prosecutor would prefer that a case just die a natural death without having to make a decision to charge, but if there’s a bright spotlight on the case, the prosecutor may have to act and fight the legal battle.” handing over to a judge and jury to decide the matter.”