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.
But unlike the president’s son, Taylor faces a prison term of 18 to 24 months in the case in which her six-year-old son used the gun to shoot his teacher at an elementary school in Newport News. Mr. Biden is likely to avoid jail and have the gun charge wiped off his record under the plea deal he reached with prosecutors this week.
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 a defendant to avoid prison time for a federal firearms violation.
Hip-hop artist Kodak Black, who was charged with the same federal weapons crime as Hunter Biden, was sentenced to three years in prison. His lawyer, 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. His sentence was commuted by former President Trump.
SEE ALSO: Scandal-prone Hunter Biden keeps dodging serious consequences
Taylor, the single mom in Newport News, 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 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 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 stated in January that federal prosecutors were “aggressively pursuing those who lie in connection with firearm transactions.”
SEE ALSO: Speaker McCarthy slams ‘two-tiered’ federal justice after Hunter Biden plea deal
For instance, federal prosecutors convicted 22-year-old Brion Martai Odell Hamilton of Oklahoma City last October of making false statements on the ATF form, known as Form 4473. He now faces up to 10 years in prison for those statements.
He had been 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 the Form 4473 regarding his eligibility to purchase firearms and attempted to purchase guns on four separate occasions after the ATF informed him that he was prohibited from doing so.
Rep. Tom Tiffany, Wisconsin Republican and a member of the House Judiciary Committee said any other American but 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.
But Andrew Weissman, a former federal prosecutor who was part of special counsel Robert Mueller’s team, said Republicans are being hypocritical in criticizing the Hunter Biden plea deal.
“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.”
Among other such prosecutions in which the Biden administration has boasted about being tough, defendants Amy and Kevin Carwile of Purcell, Oklahoma, were sentenced last 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 to time served of 16 months last December for making a false statement during the purchase of a firearm. Prior to purchasing a firearm, Morrison had been deemed incompetent by a court, ATF said, and also was subject to a protective order.
All applicants purchasing legal firearms must fill out the Form 4473, which requires the person to answer several questions about the buyer’s 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, pointing 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.