Let the Biden crime clan off the hook — for a steep price
Prosecution of Joe Biden, Hunter, and the rest of the Biden crime clan will be a can of worms. Among the considerations:
Is Biden fit to stand trial? His vacant staring, and his shaking hands with imaginary people, suggest that the answer is no.
The common law precludes a trial of an incompetent person. Under the United States Constitution, an accused person must be able to understand the charge against him and must be able to assist his lawyer to present a defense. See Rohan ex rel. Gates v. Woodford, 334 F.3d 803 (9th Cir. 2002). Biden is a basket case and clearly cannot.
Assets that result from alleged criminal conduct may not be used by a defendant to pay for a lawyer. That's from Kaley v. United States, 571 U.S. 320 (2014). If Biden, Hunter, and the rest of the Biden crime clan cannot afford lawyers, the United States government will be required to pay a million or two in defense costs. That will be over and above a million or two in prosecution costs.
What is the venue for a trial? Probably the District of Columbia. That jurisdiction is notoriously Democrat. Michael Sussmann, a mover and shaker among Democrats, was acquitted by a D.C. jury of lying to the FBI, although he did lie. Special counsel John Durham spent significant time, effort, and money, and wound up with egg on his face.
According to the New York Times on May 31, 2022, "Michael Sussmann Is Acquitted in Case Brought by Trump-Era Prosecutor."
There is no reason to believe that the good people of D.C., who voted 92.1% for the Biden-Harris ticket, will be apolitical, nor fair and impartial. A safe bet is verdicts of not guilty on all counts of the indictment. Prosecution without a likelihood of conviction is a futility.
The upshot is that Biden, Hunter, and the rest of the Biden crime clan should not be prosecuted.
They should be pardoned.
Ford pardoned Nixon, to prevent additional years of "bitter controversy and divisive national debate," and to prevent the probable denial to Nixon of the presumption of innocence, due process, and a fair trial, and to prevent the prolongation of "the bad dreams that continue to reopen a chapter" of American history "that is closed."
The socio-political health of the nation was a valid concern in 1974, and it is a valid concern in 2023.
Do Biden, Hunter, and the rest of the Biden crime clan get off scot-free? No way, José.
Start with the monetary penalty: the ill-gotten gains of Biden, Hunter, and the rest of the Biden crime clan must be disgorged.
A fine of $20 million is a reasonable estimate. The money is to be paid over to the United States.
Then move on to the political penalty: Biden is to resign in disgrace.
Without more, the resignation of Biden would move Vice President Kamala Harris to the top spot, whereby President Ron Klain, Vice President Susan Rice, and their successors would be emboldened to harm further the United States and the American people.
To prevent that pernicious outcome, and to undo the stolen election of 2020, look to American Thinker contributor Jay Valentine for a plan. Meanwhile, to set the stage for repair of the political and economic and societal wreckages wrought by Team Biden/Harris since January 20, 2021, the resignation of Biden would be choreographed.
Step 1: Harris resigns.
There is a precedent for causing a vice president to walk the plank for national benefit. Henry Wallace was the vice president during FDR's third term. Wallace was a dyed-red progressive and a dupe of the Soviet Union. He worried Democrat party leaders, who knew that FDR was really ill and that the vice president was likely to become president. At the 1944 Democratic convention, Democrat party leaders dumped Wallace and effected the nomination of Truman.
See Wikipedia's entry for Henry A. Wallace.
Step 2: The Twenty-Fifth Amendment is invoked.
See the National Constitution Center's "Presidential Disability and Succession" to describe how that could be used to make Trump vice president.
Step 3: Biden resigns.
Trump becomes president.
Step 4: The Twenty-Fifth Amendment is used to make Ron DeSantis vice president.
Immediately after assuming office, and through the 2025–2029 quadrennium, Team Trump/DeSantis will have to work day and night to accomplish the herculean task of draining the swamp.
With the backing of "that Almighty Being who rules over the Universe, who presides in the Councils of Nations, and whose providential aids can supply every human defect," one can look back to the National Archives and Records Administration's Washington's Inaugural Address of 1789.
Team Trump/DeSantis will succeed.
The author, who lives in Idaho, a free state, is the author of A Packet of Purported Legal Humor, Gilbert and Sullivan for Lawyers, Preclusion of Sociological Policing, and The New Colossus and Immigration: 2017.
Image: Good Free Photos, CC0 public domain