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Lawyer for hip-hop artist Kodak Black, who was charged with the same federal gun crime as Hunter Biden and sentenced to more than three years in prison, slammed the release of a plea reached by the Justice Department and the president’s son.
“There is no such thing as not getting jail time for a gun charge,” Bradford Cohen, criminal defense attorney for Black, told Fox News Digital in an interview.
The Justice Department announced on Tuesday that Hunter Biden agreed to plead guilty to two misdemeanor counts of willful failure to pay federal income taxes. The younger Biden also agreed to enter into a preliminary diversion agreement regarding a separate charge of possession of a firearm by a person who is an unlawful user of or addicted to a controlled substance.
Cohen responded to the news in an Instagram post on Tuesday: “2 levels of justice? Kodak was charged with the same crime. Got over 3 years. Mr. Biden will not serve a day. Feels good? Are FBI agents and federal authorities taking cases personally ?”
Kodak Black arrives at the MTV Video Music Awards at The Forum, August 27, 2017, in Inglewood, California. (Jordan Strauss/Invision/AP/File)
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In 2019, the then 22-year-old Black, who had previous convictions, was sentenced to more than three years in prison after pleading guilty to gun charges. He admitted to forging information on federal forms on two separate occasions to purchase four firearms from a Miami-area gun store.
Black was pardoned and his 46-month sentence was commuted in 2021 by then-President Donald Trump.
President Biden snapped at reporters asking him about alleged corruption involving him and son Hunter Biden. (AP Photo/Patrick Semansky)
Speaking to Fox Digital on Tuesday, Cohen said the DOJ’s plea deal with the younger Biden is out of step with a prosecutor’s typical handling of federal crimes, especially when public figures are involved.
“I’ve never seen anyone charged with this crime,” Cohen said, “and they didn’t get any jail time. And in fact, in federal court, you rarely see people getting anything other than jail time.”
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Cohen took note of the case involving actress Felicity Huffman, who was indicted and sentenced to two weeks in jail as part of a college admissions scandal in which she paid to boost her daughter’s college admissions.
“So, in this Felicity, Huffman case, to get the woman to jail for two weeks, you know you have to actually give yourself up for two weeks, change her clothes for all these things, literally 14 days. And this guy gets all nothing? I’ve just never seen it happen.”
“A federal crime should be a federal crime,” Cohen continued. “And federal crimes are supposed to be very serious federal crimes, which is why you’re looking at prison sentences.”
Cohen also denounced the inclusion of the “distraction program,” a form of pretrial sentencing aimed at remedying the behavior that led to the crime — something he said was extremely rare in federal cases.
Hunter Biden, son of President Biden, in Los Angeles, August 22, 2022. (BACKGRID US)
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“I think this is like, you know, they thought the easiest way for them to save face[was]to impeach him, not give him jail time, and then hope (Joe) Biden doesn’t pardon him until he’s been on his way out for two years,” the lawyer said.
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“So they get a few years of probation from them.”
Brianna Herlihy is a political writer for Fox News Digital.
