Deja Taylor, a Black single mother in Virginia, lied on a federal form about her drug use when she purchased a firearm — much like Hunter Biden did when he bought a revolver.
Unlike the president’s son, Taylor faces a prison term of 18 to 24 months in her case. Her 6-year-old son used the gun to shoot his teacher at an elementary school in Newport News. Mr. Biden will likely avoid jail and have the gun charge wiped off his record under the plea deal he reached this week with prosecutors.
The prospect of probation for a felony gun possession charge is raising more charges of favoritism and a double standard of justice in the case of the president’s 53-year-old son. Lawyers say it’s exceedingly rare for defendants to avoid prison time for federal firearms violations.
A federal judge on Wednesday scheduled a court hearing for Hunter Biden to appear and enter his plea on July 26 in Wilmington, Delaware. U.S. District Court Judge Maryellen Noreika, a 2017 Trump appointee, will oversee the case and decide whether to approve the plea deal.
Hip-hop artist Kodak Black, charged with the same federal weapons crime as Hunter Biden, was sentenced to three years in prison. His attorney, Bradford Cohen, criticized the plea deal for Hunter Biden.
“2 tiers of justice?” Mr. Cohen said on social media. “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?”
Black had prior convictions when he falsified federal forms to buy four firearms in 2019. President Trump commuted his sentence.
Taylor, the single mother in Virginia, pleaded guilty to lying about her marijuana use on a Bureau of Alcohol, Tobacco, Firearms and Explosives form to purchase the gun that was used in the school shooting.
Federal law prohibits people who have used controlled substances from owning a gun.
“Biden’s DOJ is giving Hunter a sweetheart deal for lying on a firearm background check. Meanwhile, the same DOJ is sending Deja Taylor to prison for 18-24 months for the exact same offense,” tweeted Sen. Marsha Blackburn, Tennessee Republican. “What happened to equal justice under the law?”
Eugene Rossi, a veteran of the Justice Department, is the lead defense counsel for Taylor in the gun case.
“My dual experience tells me that Hunter Biden’s attorneys put a rope through a needle to get this extremely generous resolution from the Trump-appointed prosecutor,” Mr. Rossi posted on Twitter. “Gold Stars for advocacy shall be awarded.”
The Justice Department said in January that federal prosecutors were “aggressively pursuing those who lie in connection with firearm transactions.”
Federal prosecutors obtained a guilty plea in October from Brion Martai Odell Hamilton, 22, of Oklahoma City, for making false statements on ATF Form 4473. He now faces up to 10 years in prison.
Hamilton was convicted the previous May of carrying a firearm under the influence of marijuana in Oklahoma County. Thereafter, according to the Justice Department, Hamilton lied on Form 4473 regarding his eligibility to purchase firearms and attempted to purchase guns four times after the ATF informed him that he was prohibited from doing so.
Rep. Thomas Tiffany, Wisconsin Republican and a member of the House Judiciary Committee, said any American except Hunter Biden “would be facing up to 15 years in federal prison for lying on ATF Form 4473.”
“Hunter Biden gets a sweetheart plea deal because of his last name,” he tweeted.
Andrew Weissman, a former federal prosecutor on special counsel Robert Mueller’s team, said Republicans criticizing the Hunter Biden plea deal are hypocritical.
“MAGA Rs are not in favor of enforcing gun laws, except now with respect to Hunter Biden,” he tweeted. “Lying on a 4473 form (req to buy certain guns) about your drug addiction was simply not routinely enforced.”
The Biden administration has boasted about being tough in other such prosecutions, including against Amy and Kevin Carwile of Purcell, Oklahoma. The Carwiles were sentenced in August to three months in prison.
ATF said the Carwiles were engaged in the business of selling firearms and, dating back to 2012, made false statements and failed to maintain proper records in selling 253 firearms through their off-the-books operation.
Their federal firearms license to sell firearms has been revoked.
Eddie Wayne Morrison, 34, of Duncan, Oklahoma, was sentenced in December to time served of 16 months for making a false statement while purchasing a firearm. Before purchasing a firearm, Mr. Morrison was deemed incompetent by a court, ATF said, and was subject to a protective order.
All applicants purchasing legal firearms must fill out Form 4473, which requires answers to several questions about competency, criminal history, drug use, immigration status and history of domestic violence.
“Applicants who knowingly make false statements may also face criminal prosecution for a felony and up to 10 years in federal prison,” the ATF states on its website.
U.S. Attorney David Weiss of Delaware has agreed to recommend probation for Hunter Biden on two misdemeanor charges of failing to pay federal income tax. Republican lawmakers also have criticized that as a slap on the wrist and pointed to cases such as that of actor Wesley Snipes.
Mr. Snipes was convicted of three misdemeanor counts in 2008 for failing to file tax returns from 1999 to 2001. He owed the government about $7 million in unpaid taxes and ended up serving nearly three years in federal prison.
• Kerry Picket contributed to this report.
• Dave Boyer can be reached at dboyer@washingtontimes.com.
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