As the House of Representatives shifts its impeachment proceedings (and possible contempt resolution against Hunter Biden) into high gear, the Biden family’s legal problems continue to pile up. Within a week, it was revealed that President Biden’s brother James was captured on FBI audio tape in a corruption investigation, while Ashley Biden, the president’s daughter, is now also deal with demands for unpaid taxes.
James Biden is expected to appear before the House for questioning in the coming weeks. This appearance could solidify a new line of defense for the Bidens: They are harmless crooks.
After years of denying influence peddling with the help of a complacent media, even some Democrats now admit that Hunter and his uncles sold influence. Biden associates confirmed that Joe Biden was the brand they sold to foreign clients, who paid millions to the family.
The FBI recording is the latest example of how the Bidens are allegedly marketing their name and access. The surveillance took place as part of the corruption investigation against Mississippi attorney Richard Scruggs. Like many Biden associates, Scruggs would eventually go to jail while the Bidens remained intact.
Scruggs paid more than $100,000 to James Biden as he sought to shore up support for massive tobacco legislation and Joe Biden was seen as skeptical of what some saw as a boon for trial lawyers.
Scruggs admitted to the Washington Post: “I probably wouldn’t have hired (James Biden) if he wasn’t the senator’s brother.”
Scruggs was just another shady character whose business association with the Bidens would ultimately end in a stint in prison. As soon as the tape came out, so did the new defense.
James Biden took the money but allegedly did nothing to attract his brother.
If this sounds familiar, it should. After Hunter Biden’s former associate Devon Archer admitted they were selling the “Biden brand,” the Bidens’ defenders immediately insisted it was simply “delusional.” In other words, these corrupt figures wanted to buy influence and access, but they were just idiots being fleeced by the Bidens.
The idea is to get the public to think less about Henry Hill coked in “Goodfellas” and more adorable teacher Harold Hill in “The Music Man,” the charming rascal pulls hayseeds by selling brass bands.
It is a curious defense that we are not corrupt because we simply ripped off dupes who were corrupt people.
The problem, of course, is that influence peddling is a form of corruption. Indeed, it is a form of corruption so detrimental to good government that the United States has pushed for global agreements to prohibit influence peddling in other countries.
The question is whether Joe Biden was aware of the influence peddling of his brothers and his son. If so, he actively helped his family acquire millions to influence public policy or legislation. His family actually marketed timeshares to a senator, a vice president, and now a president.
Whether Biden kept his promises or not, the family business has corrupted the functions of government by turning offices into commodity types. This is the case whether they delivered or not. It’s like an extortionist taking money without any intention of following through on threats to disclose or use harmful material. Even in today’s willfully blind political environment, every voter should be able to agree on two simple facts.
First, influence peddling is a corruption that the government has long opposed and denounced by both parties.
Second, if the president knew his son and uncles were using him for influence peddling, Joe Biden is corrupt too.
This is why it is about knowledge. Under federal case law, money and gifts intended for family are often treated as a benefit for purposes of corruption or bribery. Indeed, many current Democratic members have already voted that money paid to a judge’s family members is unforgiving. I represented this judge in the last judicial indictment tried in the Senate.
It is highly unlikely that the president was unaware of this influence peddling. There have been news reports about these allegations and the Biden family has been accused of influence peddling for decades. It is a virtual family business.
The biggest problem facing the White House is that about 70 percent of voters (including 40% of Democrats) believe that President Biden acted illegally or unethically, or both. Even Hunter’s friend Archer said the president’s denials of the information were “categorically false”. Other witnesses, such as Tony Bobulinski, testified under oath that they personally spoke to Joe Biden about these transactions.
This is likely why advocates are now backing away from the claim that the Bidens may have cheated, but not actually sold out. This was an organized act for corrupt brands wishing to buy an advantage. This is why the Biden team immediately said that James Biden took $100,000 but then did nothing to free his brother.
But Scruggs then expressed his satisfaction for what he got out of the deal, stating “Jim was a great help and Joe gave us good advice.”
Joe Biden would later join Scruggs at high-profile events, and Scruggs used his private jet to take Biden to a fundraiser.
These are negotiations which will now be continued by the Chamber. However, the question remains what the president knew about his family’s influence peddling and when he became aware of it.
Jonathan Turley is the JB and Maurice C. Shapiro Professor of Public Interest Law at George Washington University Law School.
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