The lawyer for a prominent rapper is speaking out over Hunter Biden’s sweetheart plea deal that allows him to avoid prison for illegally possessing a firearm.
In 2019, rapper Kodak Black pleaded guilty to providing false information on a federal form when purchasing multiple firearms.
Black pleaded guilty to violating 18 U.S.C. § 922(a)(6), using false statements to obtain a firearm. Biden was charged with violating 18 U.S.C. § 922(g)(3) and 18 U.S.C. § 924(a)(2). The latter statute says that anyone who who “knowingly violates” several subsections of 18 U.S.C. § 922, including (a)(6), can be imprisoned for up to 10 years.
Thus in the eyes of the law, Black and Biden committed the same crime. They both provided false information on federal forms to acquire firearms despite being legally disqualified from making those purchases.
Yet Black was sentenced to nearly four years in federal prison for his crime. Biden, on the other hand, was given pre-trial diversion and the opportunity to expunge the charge from his record after 24 months.
Attorney Bradford Cohen, who represents Black, called out the glaring disparity in outcomes.
“There’s no such thing as not getting jail time on a gun charge, on any kind of gun charge,” Cohen told Fox News. “I’ve never seen anyone where this offense was charged and they didn’t get some sort of prison sentence. And in fact, most of the time in federal court, you very rarely see people get anything but a prison sentence.”
Cohen cited the college admissions scandal as evidence that federal authorities rarely let offenders off without spending time behind bars.
“So, in this Felicity Huffman case, to give the woman two weeks in prison, you know that you actually have to surrender yourself going for two weeks, change her clothes out to all this stuff, for literally 14 days. And this guy gets absolutely nothing? I’ve just never seen it happen,” Cohen said.
“A federal crime is supposed to be a federal crime,” he explained. “And federal crimes are supposed to be very serious federal crimes, and that’s why you look at prison sentences.”
Earlier in the day, Cohen suggested Biden’s plea deal showed there are two tiers of justice in America.
Cohen wrote on Instagram, “2 tiers of justice? Kodak was charged for the same crime. Got over 3 years. Mr. Biden will not serve a day. Feels right? Do FBI agents and federal authorities take cases personally?”
Rapper Lil Wayne similarly faced significant prison time — up to 10 years — after he pleaded guilty to illegally possessing a firearm, charged under 18 U.S.C. § 922(g), the same subsection as Biden.
Wayne, however, never spent time in prison for the crime because Donald Trump pardoned him. Trump also commuted Black’s sentence before leaving office.
To be fair, Black and Wayne were repeat offenders with prior criminal histories. Biden, by contrast, does not, which mitigates potential criminal penalties. But to Cohen’s point, it’s jarring that federal prosecutors would let the gun crime slip away altogether.
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