Hunter’s Wonderful Life

Authored by Kenin Spivak via RealClearPolitics,

A ne’er do well (or, is that a bon vivant?), a Yale law graduate who was booted from the Navy for failing a cocaine test, bedded his recently widowed sister-in-law, sold childish splashes of paint masquerading as art for millions of dollars, denied paternity and support for his illegitimate daughter, and received $30 million by trading on his father’s stature and willingness to break bread with his marks, Hunter Biden apparently blew it all on sex, drugs, and more sex.

In a new court filing, Hunter lamented that his art sales are down 98%, no one will hire him to give speeches, he has millions in debt, and the dog ate his homework (I made up the last one). Even worse, the District of Columbia Bar is investigating whether to disbar him, though a RealClearInvestigations report led by Paul Sperry suggests the result may be a whitewash that spares Hunter the usual consequences of his sordid past.

Hunter is used to that. Even after he repeatedly failed to file his tax returns or pay the taxes his returns showed were due – net of illegally deducted gifts, travel, and payments to prostitutes – Hunter skated. Biden Justice Department prosecutor David Weiss allowed the statute of limitations to expire on millions of dollars of tax and corruption charges. In July 2023, he tried to wipe Hunter’s slate clean with a deceptively worded non-prosecution agreement with no jail time or fines, and immunity for all remaining charges.

Then, Hunter’s Teflon coating failed. Delaware Federal District Court Judge Maryellen Noreika rejected Weiss’ sham, so Weiss finally indicted Hunter for lying on a firearms application, illegally possessing a handgun, failing to pay at least $1.4 million of taxes, and filing a false return. A jury convicted Hunter on the gun charges, and he pled guilty to the tax offenses.

As sentencing neared, with Hunter facing years behind bars, Papa Biden betrayed his solemn oath. Falsely accusing his own Justice Department of pursuing his son for political reasons, the president pardoned him of all offenses he might have committed since 2014. On his way to Donald Trump’s inauguration, with his power ebbing away, Biden also issued pardons to five other family members, hoping to hermitically protect the Biden family crime syndicate.

A presidential pardon is a handy thing to receive, particularly for a corrupt, tax-evading, addled, spoiled man-child. But pardons have limits. Presidential pardons can’t stop state and local prosecutions (ask Steve Bannon, who was prosecuted in New York for the same activities for which Trump pardoned him in 2021). The pardon strips its beneficiary of Fifth Amendment rights to avoid self-incrimination. That’s catnip for politicians and prosecutors seeking information or an opportunity to goad a pardoned witness into refusing to testify or to lie, supporting an obstruction or perjury indictment.

A pardon can’t shield a recipient from self-regulating organizations. The country club can throw you out, corporations can take you off their boards, art collectors can move on, and the bar association can discipline lawyers.

With negligible exceptions, in the United States, no one can practice law without a license, and each state and territory requires that a lawyer graduate from an accredited law school, pass an examination, demonstrate a good moral character, complete continuing education requirements, and pay fees.

When a lawyer is indicted or convicted of a crime, suspension is usually automatic. For felonies, disbarment typically follows, though the outcome is often a function of what the lawyer did, who he is, and who he knows.

Both the American Bar Association and many state bars lean far left. Being a Trump supporter is about the worst possible offense. Trump lawyers Rudy Guliani (disbarred in New York and D.C.), John Eastman (suspended, pending disbarment in California), and at least 10 other lawyers are involved in disciplinary proceedings for the offense of giving Trump legal advice the liberal bar abhors. By contrast, going after Trump can earn a pass. Ask Kevin Clinesmith, who received but a short suspension, despite being convicted of illegally altering a FISA application to eavesdrop on Trump campaign adviser Carter Page.

During a July 2023 hearing on his plea deal, Hunter testified that he was admitted to practice law in Connecticut and D.C. In fact, Connecticut suspended him in 2021 for failing to pay dues, and D.C. later suspended him for his firearms conviction. For most lawyers, a firearms or tax conviction would mean disbarment.

Sperry’s RCI report shows that Hunter is receiving special treatment. Democratic activist Hamilton Fox, who manages the discipline process for the D.C. bar, told RCI that for Hunter to be disbarred, his office would have to again “prove” Hunter was guilty, and that neither his conviction nor guilty plea were sufficient. Apparently, neither is Hunter’s acceptance of a pardon, though the Supreme Court made clear in Burdick v. United States that accepting a presidential pardon is a confession of guilt.

For contrast, Fox previously recommended disbarment for Giuliani, Trump campaign chairman Paul Manafort, and Jeffrey Clark, a Justice Department official who wrote letters in support of Trump.

The House impeachment inquiry into Joe Biden found that Hunter billed his unsavory foreign clients tens of millions of dollars for mysterious legal services. Now supposedly broke, and with Joe retired, the loss of his law license and its right to offer attorney-client privilege would leave Hunter useless to his associates. The D.C. bar knows this, and that’s why Hunter can expect to once again beat the rap.

Kenin M. Spivak is founder and chairman of SMI Group LLC, an international consulting firm and investment bank. He is the author of fiction and non-fiction books and a frequent speaker and contributor to media, including The American Mind, National Review, the National Association of Scholars, television, radio, and podcasts.