Jonathan Turley's COVID announcement is perfect. Calls for a special counsel in the Hunter Biden investigation

Bonnie Cash/Pool via AP

Sunday morning Jonathan Turley announced on Twitter that he has tested positive for COVID. He did as many do, he tried to post a creative tweet, something other than just a basic I-have-COVID type of announcement. He succeeded. He takes the award for best COVID announcement, at least among recent ones.

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We can all use some levity today. Turley provides that levity. Take a look.

Nice. Turley calls for a special counsel in the Hunter Biden investigation because he is warning about the outcome we all expect. Hunter Biden lives a charmed life where he never is held responsible for his actions. Turley sees the handwriting on the wall and warns that Hunter will once again escape any legal ramifications. This is an election year and there is the possibility that accusations of influencing the elections may arise. That will likely result in Hunter getting the legal equivalent of a slap on the wrist instead of suffering actual legal consequences.

Hunter has always had impeccable timing and, like Blanche DuBois, “always depended on the kindness of strangers.” He went to law school after his father became a powerful U.S. senator with a long line of influence-seekers eager to help him and his family. After graduating, Hunter was given a high-paying job with MBNA, the bank holding company, which supported key credit card legislation being pushed by his father in the Senate.

Later, Hunter was given a ridiculous appointment to the board of Amtrak and became its vice chair, despite an utter lack of credentials. His father, however, was a critical advocate for Amtrak in the Senate.

When his father became vice president, Hunter and an uncle allegedly cashed in on a long line of foreign entities seeking influence with his father. Millions of dollars were given to Hunter even though, as he has acknowledged, he was a crack addict and alcoholic at the time — “[d]rinking a quart of vodka a day by yourself in a room [which] is absolutely, completely debilitating” and “smoking crack around the clock.”

When Hunter’s debaucheries and dealings became public knowledge, thanks to a laptop he abandoned at a repair shop, the timing again was right for him. It happened just before the 2020 presidential election, and the media imposed a virtual blackout on coverage; 51 intelligence experts wrote a letter dismissing the laptop as likely “Russian disinformation.” U.S. Attorney David Weiss, probing Hunter’s dealings under an appointment by then-Attorney General William Barr, suspended his grand jury investigation for months to avoid accusations of influencing the election.

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Does anyone really think that Merrick Garland’s DOJ will indict Hunter Biden? The workings of grand juries are supposed to be secret but it is reported that the grand jury looked at the possibility of criminal charges for alleged influence-peddling with foreign contacts in China, Russia, Ukraine, and other countries. Hunter was very successful in cashing in on his father’s position in the government. We don’t know if the grand jury decided on any indictments. Turley points out that there is clear evidence of some crimes. “For example, Biden seems clearly to have lied on the federal form to acquire a gun by denying his drug use; he also appears to have violated the Foreign Agents Registration Act. And there are obvious tax charges that could be brought, even though he paid outstanding taxes after the investigation began.”

Perhaps he’ll be indicted over tax evasion or for lying on a federal form about that gun. Just don’t count on him being held accountable for his slimy dealings with foreign countries – unless the indictments are postponed.

A long-standing Justice Department policy instructs prosecutors to exercise caution in “the timing of charges or overt investigative steps near the time of a primary or general election.” Accordingly, some observers have objected that prosecutor Weiss should not issue an indictment against Hunter before the midterm elections, since that could hurt Democratic candidates. That could explain the failure to release any indictments after the disbanding of the grand jury.

But the use of this policy to seal or delay any indictments could raise equal concerns over the politicalization of prosecution.

The protected period under Justice’s policy has been stated variously as 60 or 90 days. This grand jury’s term expired outside of either period. Moreover, the policy does not bar filings during that period; it bars prosecutors from using “the timing of investigative steps or criminal charges for the purpose of affecting any election, or for the purpose of giving an advantage or disadvantage to any candidate or political party.” It is the grand jury’s expiration, not any nefarious purpose, that is driving this schedule.

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Turley points out that since Joe Biden isn’t on a ballot in November and Hunter isn’t a candidate, just using the excuse of not wanting to interfere in the November midterms – and potentially dragging down Democrat candidates- is politicizing the grand jury investigation. Turley makes the case for a special counsel in the Hunter Biden case. Joe Biden (a.k.a. The Big Guy) is directly referenced in Hunter’s documents found on his laptop. The U.S. Attorney is unlikely to include any of that in a report. If Hunter pleads guilty of lesser charges to make a plea deal, he’ll be protected from future congressional hearings – such as are expected when Republicans take back majority control of the House. DOJ could cut a deal with Hunter and decline further charges. On the other hand, the U.S. Attorney could present evidence to a new grand jury, since this one has now expired, but it would take months to do and the midterm elections would be over.

It does not look as though Weiss called any witnesses who could testify about influence-peddling, including the president. Joe Biden would have to be called as a witness to answer any questions about The Big Guy’s involvement. We now know that Joe met with Hunter’s business partners, though he has consistently denied knowing anything about Hunter’s business dealings.

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We’ll see what happens and if indictments do come down. Just don’t get your hopes up that Hunter will ever be held to the same standard that others are in these matters. He’ll likely write a check or two if his wrist is slapped and be on his merry way.

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John Sexton 3:20 PM | December 23, 2024
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