Advisory Opinions Will President Biden Pardon His Son?
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Jun 4, 2024 Sarah and David discuss Hunter Biden's legal troubles, potential presidential pardon, and implications for the political landscape. They also explore selective prosecution, plea deals, and insights into the Supreme Court's decision-making process.
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Weigh Conditional Pleas To Preserve Appeals
- Consider plea options beyond trial: plea with reduced counts, plea without a deal, or a conditional plea that preserves constitutional appeals.
- A conditional plea lets a defendant admit facts yet challenge the statute's constitutionality on appeal.
Pardon Remains A Political Safety Valve
- Joe Biden has publicly said he won't pardon Hunter, but political timing allows a lame‑duck or post‑election pardon if desired.
- The hosts view a presidential pardon as a realistic safety valve given family ties and timing around appeals.
Sentencing Odds And Plea Realities
- Federal sentencing guidelines place 922(g)(3) for a first-time offender at about 10–16 months, though judges can deviate with explanation.
- Very few federal defendants are acquitted at trial, which explains high plea rates and systemic reliance on plea bargaining.