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Topic: In other news ...

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NorthernOhioBuckeye

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Re: In other news ...
« Reply #24752 on: June 21, 2023, 02:13:08 PM »
https://thereload.com/federal-judge-tosses-gun-possession-case-against-drug-users/

Being an unlawful user of a controlled substance does not remove a person’s Second Amendment rights, a federal trial court ruled last Friday.

U.S. District Judge Kathleen Cardone, a George W. Bush appointee, dismissed a case against an El Paso woman who was charged with possessing a firearm as an unlawful user of marijuana and with transferring a firearm and ammunition to her husband, himself an illegal user of multiple controlled substances. Judge Cardone ruled that the federal prohibitions regulating both charges “deviate from our Nation’s history of firearm regulation” and are “unconstitutional.”


Apples and oranges. That says nothing about lying on a Federal Background check, which is a felony.

bayareabadger

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Re: In other news ...
« Reply #24753 on: June 21, 2023, 02:13:43 PM »
https://www.injusticewatch.org/news/2021/disappearing-jury-trials-study/

In the federal criminal justice system, fewer than 2% of cases went to trial in the 12-month period ending in March 2020, the most recent for which data from the federal judiciary is available.
The whole mechanics of trials is something. It makes sense that pleas are mostly the way things go, especially with the ability to flex prosecutorial muscle and the unfortunate trial tax.

847badgerfan

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Re: In other news ...
« Reply #24754 on: June 21, 2023, 02:15:25 PM »
U RAH RAH! WIS CON SIN!

Cincydawg

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Re: In other news ...
« Reply #24755 on: June 21, 2023, 02:17:20 PM »
Hunter Biden’s Lawyers Cite Landmark Gun Ruling in Bid to Stave Off Charges - The New York Times (nytimes.com)

 A president’s son is invoking a court decision his father has described as an affront to [color=var(--color-signal-editorial,#326891)]“common sense and the Constitution”[/color] — and staking that claim on a majority opinion written by Justice Clarence Thomas, [color=var(--color-signal-editorial,#326891)]a vigorous supporter of gun rights[/color] whom many Democrats see as having helped enable the gun lobby.

 In recent years, the investigation expanded to include scrutiny of his purchase of a handgun in 2018, and his false response of “no” when asked whether he was an “unlawful user” of drugs. At the time, Mr. Biden was struggling to remain sober.

MaximumSam

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Re: In other news ...
« Reply #24756 on: June 21, 2023, 02:18:49 PM »
Hunter Biden on Addiction and His Family’s Effort to Keep Him Alive | Time

I presume the tax case is pretty clear cut, and of course he admitted openly to being a drug addict, and was kicked out of the Navy for a positive test.

I'm sure he was advised by council to take the pleas because they knew it would be almost impossible to get an NG verdict.  One can make all sorts of excuses for whatever, but I think most rational people understand he was a drug addict, he did lie on that form, and he did evade taxes, quite a large sum in fact, on $3 million over two years.


No. This is almost completely speculation. A lot of what you cite isn't particularly great evidence in court. Federal prosecutors usually have pretty high quality evidence, and basing your whole case on Time articles and internet sleuthing is not something they would love. I have no idea what the quality of evidence is in the tax case, but the main draw of the agreement is that they are misdemeanors and he wouldn't go to jail. 

betarhoalphadelta

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Re: In other news ...
« Reply #24757 on: June 21, 2023, 02:19:05 PM »
Sure, you get a better deal in most cases with a plea, and risk a much stiffer sentence if found guilty, this is known.  Do some folks take a plea even if the case is shaky?  Probably, in part because most of them know they are guilty.  But it could be Hunter wrote about being a crack addict just to sell books and he never used at all.  I'm sure he could try that defense, I doubt it would work.  There likely were a number of witnesses to his crack use, including photos etc.

Probably not hard to prove BARD. 
I haven't really studied this, but I saw this from what you posted...

Regarding the gun charge, the statement said that "from on or about October 12, 2018 through October 23, 2018, Hunter Biden possessed a firearm despite knowing he was an unlawful user of and addicted to a controlled substance."

So are we saying that if he only possessed the firearm for that 11-day period, you can also prove he was an illegal user of drugs during those 11 days?

Although some people claim addiction is a lifelong condition (i.e. you're an addict forever, even if you're clean), I'm not sure that is the legal definition. If he had been clean and sober for a period before he filled out that firearms form, claiming he was not a user nor addicted to an illicit drug, is it a lie?

Cincydawg

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Re: In other news ...
« Reply #24758 on: June 21, 2023, 02:19:38 PM »
Supreme Court strikes down New York gun law along ideological lines - POLITICO

Writing for the majority, Justice Clarence Thomas said New York’s requirement that gun owners show “proper cause” to carry a weapon outside the home for self-defense violates the Constitution’s guarantee of gun rights.
“We know of no other constitutional right that an individual may exercise only after demonstrating to government officers some special need,” Thomas wrote. “That is not how the First Amendment works when it comes to unpopular speech or the free exercise of religion. It is not how the Sixth Amendment works when it comes to a defendant’s right to confront the witnesses against him. And it is not how the Second Amendment works when it comes to public carry for self-defense.”
However, the dissenting justices said the court was trampling on New York’s efforts to tailor weapons regulations to particular threats posed by guns in that state.


MaximumSam

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Re: In other news ...
« Reply #24759 on: June 21, 2023, 02:21:30 PM »
Apples and oranges. That says nothing about lying on a Federal Background check, which is a felony.
The federal prosecutors would love you on their jury. Possessing illegal drugs while having a gun? Fine, fine. Lying about possession on a form - now that's the real crime.

NorthernOhioBuckeye

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Re: In other news ...
« Reply #24760 on: June 21, 2023, 02:23:05 PM »
Supreme Court strikes down New York gun law along ideological lines - POLITICO

Writing for the majority, Justice Clarence Thomas said New York’s requirement that gun owners show “proper cause” to carry a weapon outside the home for self-defense violates the Constitution’s guarantee of gun rights.
“We know of no other constitutional right that an individual may exercise only after demonstrating to government officers some special need,” Thomas wrote. “That is not how the First Amendment works when it comes to unpopular speech or the free exercise of religion. It is not how the Sixth Amendment works when it comes to a defendant’s right to confront the witnesses against him. And it is not how the Second Amendment works when it comes to public carry for self-defense.”
However, the dissenting justices said the court was trampling on New York’s efforts to tailor weapons regulations to particular threats posed by guns in that state.


I don't know of any clause in the Constitution that says that the government can trample on someone's rights if things aren't going well in their state. What a week argument. 

NorthernOhioBuckeye

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Re: In other news ...
« Reply #24761 on: June 21, 2023, 02:24:12 PM »
The federal prosecutors would love you on their jury. Possessing illegal drugs while having a gun? Fine, fine. Lying about possession on a form - now that's the real crime.
The question on the form is not about possessing a gun. The form is used to determine if you are qualified to purchase a gun. And again, if you lie on a Federal Government form, it is a felony. No 2 ways about it. 

Cincydawg

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Re: In other news ...
« Reply #24762 on: June 21, 2023, 02:24:54 PM »
I don't know why that SCOTUS decision would bear on lying on the firearms application.

The story about the gun gets pretty sordid with a lot of complicating factors, none of which bear on whether he lied, and how hard it would be to prove he did.

Hunter Biden raged at Hallie after she trashed his gun: report (nypost.com)

MaximumSam

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Re: In other news ...
« Reply #24763 on: June 21, 2023, 02:27:37 PM »
The question on the form is not about possessing a gun. The form is used to determine if you are qualified to purchase a gun. And again, if you lie on a Federal Government form, it is a felony. No 2 ways about it.
Yes. If they can prove it. But citing Time articles and Good Morning America interviews is not particularly convincing, when the standard is proof beyond a reasonable doubt. Was he an addict when he signed the form? Was he using drugs while he signed the form? Can they prove he used drugs and possessed a gun at the same time? What witnesses are they calling? We can all just use the Hannity show as our evidence - federal prosecutors cannot.

Cincydawg

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Re: In other news ...
« Reply #24764 on: June 21, 2023, 02:31:59 PM »
They could call his girlfriend, and former sister in law.  She trashed the gun because she knew he was using and thought that was a dangerous combination.


Cincydawg

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Re: In other news ...
« Reply #24765 on: June 21, 2023, 02:41:15 PM »
Inside the Whirlwind 48 Hours Before Hunter Biden Bought His Handgun (freebeacon.com)

Justice Department prosecutors are reportedly investigating the younger Biden for several potential offenses related to his Oct. 12, 2018, gun purchase, including whether he lied on a federal firearms application when asked, "Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?"
[color=rgb(0 0 0 / var(--tw-text-opacity))]Washington Free Beacon[/i] review of emails, photographs, and text messages from Hunter Biden’s abandoned laptop reveals a series of chaotic days that led up to his trip to the gun store and provides further evidence that Hunter Biden was an active drug user at the time of his gun purchase.[/font][/size][/color]
Photos published by the [color=rgb(0 0 0 / var(--tw-text-opacity))]New York Post [/i]show Hunter Biden asleep with a crack pipe in his mouth on Oct. 8. A few days after he purchased the gun, on Oct. 19, Hallie Biden texted him a photo of crack cocaine paraphernalia forgotten on a table in an unknown location.[/font][/size][/color]



 

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