Biden May Have to Use His 'Break-the-Glass Option' to Keep Hunter Out of Jail: Top Law Professor
George Washington University Law School professor Jonathan Turley suggested a “break the glass option” President Joe Biden could take if things continue to go badly in his son Hunter Biden’s criminal case.
Hunter’s sweetheart plea deal fell through Wednesday at a Wilmington, Delaware, federal courthouse, when U.S. District Court Judge Maryellen Noreika called into question the blanket immunity from future prosecution the agreement gave.
Under the terms of the deal, Hunter was to plead guilty to two misdemeanor tax-evasion charges, while a third illegal gun possession charge would be diverted for two years and dropped altogether if he stayed drug-free.
For the crimes, U.S. Attorney David Weiss was recommending probation with no jail time.
However, under questioning by Noreika, federal prosecutors denied the agreement offered immunity from future prosecution for additional crimes, such as Foreign Agents Registration Act violations.
Former Trump campaign manager Paul Manafort was sentenced to 73 months in prison for FARA offenses in 2018. Former President Donald Trump later pardoned him.
Hunter Biden and his attorneys freaked out when federal prosecutors told Noreika future FARA or other indictments could be coming. The first son then withdrew from the plea deal.
“Rip it up!” Biden attorney Christopher Clark said, referring to the agreement, according to ABC News.
“As far as I’m concerned, the plea agreement is null and void,” the lawyer further stated, which stirred audible gasps in the courtroom.
Biden then pleaded not guilty to the tax-evasion crimes.
Noreika instructed the parties to submit legal briefs on the plea deal proposal within 30 days, USA Today reported.
U.S. Attorney Leo Wise responded that 14 days would be sufficient, but the judge set no specific date for the next hearing.
Conceivably the case could go to trial and Biden could be convicted. And during the course of the trial, many embarrassing revelations about President Joe Biden could emerge, particularly given recent whistleblower testimony before the House Oversight Committee.
The president and Hunter Biden have each been accused of taking $5 million bribes from the Ukrainian energy firm Burisma while the elder Biden was vice president, according to an FBI whistleblower form viewed by the Oversight Committee.
Joe Biden could use his presidential pardon power to make all this go away.
It does not protect him from impeachment by House Republicans, but the chances of him being convicted in the Democratically-controlled Senate are next to zero.
Turley spelled out why a Hunter pardon and exit from the 2024 race could be President Biden’s next-best moves.
The ultimate “break the glass option,” Turley wrote for The Messenger, is “Joe Biden could pardon his son and then announce that he will not run for reelection.”
“Facing an impeachment inquiry, low public support, and a son in the legal dock, Biden could use the case to close out his political career,” he argued.
House Speaker Kevin McCarthy told reporters Thursday that an impeachment inquiry is on the table.
He highlighted the bribery allegations. The Constitution specially lists bribery as an impeachable offense.
🚨 BREAKING: Speaker McCarthy addresses calls for an impeachment inquiry to be opened into Joe Biden pic.twitter.com/53IoO23nxz
— Benny Johnson (@bennyjohnson) July 27, 2023
Turley wrote that a Biden “pardon would be what I consider another abuse of the pardon power for personal benefit.”
He compared it to then-President Bill Clinton’s decision to pardon his half-brother Roger Clinton of drug offenses on the last day of his presidency in January 2001.
“Biden could do the same by acknowledging that the pardoning of his son is a form of raw self-dealing. However, as he has said throughout the scandal, he loves his son and blames his crimes on his struggle with addiction and grieving,” Turley said.
“With that, Biden could bow out of the election without admitting (as many on both sides are saying) that old age has taken its toll on his mental and physical capacity. He would end his political career with an act as a father, which some would condemn but most would understand.”
The law professor pointed out that Biden could even give Hunter a “preemptive or prospective pardon” that “would effectively end any federal investigation.”
Further, by becoming a lame-duck president, Biden would take the air out of the GOP impeachment push.
Members of Congress would reason, “What’s the point of impeaching him if he’ll be out of office soon anyway?” Of course, that didn’t stop the Democrats from impeaching Trump around this point in his presidency and again in the closing days of his time in office.
It should be noted, when asked Thursday if there is any possibility President Biden would pardon his son, White House press secretary Karine Jean-Pierre responded “no.”
Karine Jean-Pierre says there is “no” possibility Joe Biden will pardon his son Hunter pic.twitter.com/eDFSxEyCGL
— RNC Research (@RNCResearch) July 27, 2023
Keep in mind, that her response is in the current context of the criminal case still being ongoing and another plea deal possibly being struck.
A reporter called out to President Biden Thursday, asking whether a Hunter pardon could be in the offing. He did not respond, but again, it’s premature. He will likely have to respond in the not-too-distant future and say something noncommittal about loving and supporting his son and not dealing in hypotheticals.
Biden stumbles away without taking any questions — including questions on whether he’d pardon Hunter pic.twitter.com/Wdxb3LVPoH
— RNC Research (@RNCResearch) July 27, 2023
Turley contended that Biden would potentially help his stature by being the “sin-eater” for the family by sacrificing a potential second term.
Unfortunately, under this option, Biden and Hunter would get off scot-free, but the country would be spared another four years of incompetency and worse.
California Gov. Gavin Newsom — and probably other Democrats — would no doubt then announce their presidential candidacies, making for a whole new 2024 contest.
Will Republican chances be better or worse off in 2024? Who knows? We’ll see who emerges on the Democratic side.
Turley may be on to something. For President Biden, the pardon-Hunter-and-step-down option may soon be his best move.
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