https://www.nationalreview.com/2021/03/the-case-for-prosecuting-hunter-biden/
C harles C. W. Cooke had a post this week that said everything that ought to be said about why it would be fitting to prosecute Hunter Biden’s apparent making of a false statement on the required firearms application form. I want to add a few points about prosecutorial discretion, the potential of an additional gun crime, and our two-tiered justice system.
The Politico story Charlie cites stresses that prosecutions arising out of false statements on Form 4473 are rare. As Charlie rightly observes, that in itself is a problem (a point Kevin D. Williamson also made a few days ago). Still, it is worth widening the lens beyond the narrow false-statements provision in the gun laws because the government actually prosecutes false statements all the time.
There is a general false-statements statute (Section 1001 of the penal code) which can be applied any time someone makes a false statement, including a material omission, to some branch, department, or agency of the federal government. Then there are false statements charges that apply to particular subject-matter areas, such as firearms or taxes. Hence, we have Section 922(a)(6), which, as Charlie explained, applies to false statements made in connection with the acquisition or attempted acquisition of a firearm.
The fact that these narrowly tailored false-statements statutes are invoked more rarely should not be taken to mean that false-statements prosecutions are infrequent. They are not. And a good many false statements that result in indictments involve situations markedly less serious than lying to conceal a disqualification from firearms possession — especially under circumstances where, due to the lie, the disqualified person succeeded in obtaining a gun (and then was lax in safeguarding it).
In the Mueller investigation, for instance, Michael Flynn was prosecuted for misdescribing a conversation, indicative of no misconduct, of which the FBI had a recording and therefore no need to question him. George Papadopoulos and Alex van der Zwaan were prosecuted for false statements about the dates of meetings, and in neither situation was an investigation impeded — much less were the prevaricators, thereby, able to acquire dangerous weapons.