President Trump says authorities should “lock up the Bidens” – but can that actually be done? (op-ed)

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MACON, GA – During an appearance in Macon, Georgia on October 16th, President Trump was greeted with an enthusiastic crowd as always.

While making this stop on Georgia, President Trump made mention of his political opponent (and his opponent’s family) as being “corrupt”:

“That Biden family and others, but that Biden family is corrupt, a corrupt family.”

This predictably garnered a response from the passionate crowd, delivering a chant quite reminiscent to the ones heard during the 2016 election cycle. From the crowd, a chant began to eliminate that clamored:

“Lock him up!”

Whether you love President Trump or you hate him, one cannot deny that the man knows how to read the proverbial room. President Trump played off of the crowd’s energy, responding to the spurred chants with:

“We should lock him up. Lock up the Bidens. Lock up Hillary.”

This response of course further provoked more energy from the crowd and increased chants.

In an effort to demonstrate how many mainstay media outlets are using kid-gloves with both Joe Biden and the surrounding controversy of his son Hunter, President Trump offered a “what if” scenario of certain media outlets touted a bombshell report on him akin to that of what’s been going on with Hunter Biden:

“Can you imagine if my kids did what this guy Hunter has done? When you look at what they get away with? In my opinion, it’s a criminal enterprise. He’s like a vacuum cleaner. The father goes through and the son comes in a vacuum cleaner. Millions of dollars.”

Now lately there has been a flurry of reports related to alleged foul play and tit-for-tat that went down when Joe Biden was the active Vice President.

But with President Trump mentioning that the Bidens should be locked up had me wondering – is it feasible?

Now, a lot of assertions would have to be taken at face value or at least with what evidence exists to explore the possibility that the Bidens could ever face time behind bars. Allegations related to things like these Ukraine dealings.

Well, lets first take a gander at what both Joe and Hunter Biden are alleged of doing that can fall into the realm of criminal culpability.

Probably the most recent one being talked about is Hunter Biden and his rather timely appointment with Ukrainian energy firm Burisma Holdings.

Ukraine has been come up for some time now, with Republicans having wanted to call Hunter Biden to testify during the botched impeachment effort against President Trump back in late 2019.

Basically, everyone right-of-center was wanting to know if Joe Biden did a little bit of something that cemented Hunter’s role within an energy company where he was making of $80,000 a month – despite having zero experience within the field.

I mean – we’re talking about the same Hunter Biden who couldn’t even stay employed within the Navy Reserves even after having had literal waivers applied in his case just to allow him to join since he wanted to grab some military experience in 2014.

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Obviously, Hunter Biden’s affinity for booger-sugar saw him tossed out of the military roughly a year after being offered some sort of public affairs role as an ensign.

So here we have a man literally discarded from military service, having had a marred history of drug problems get the deal of a lifetime in Ukraine of all places.

And wouldn’t you know it – when Hunter lands this role within Burisma Holdings – guess who is in charge of the President Obama administration Ukraine policy?

Joe Biden was of course.

But hey, remember, last Year Joe Biden said the following:

“I have never spoken to my son about his overseas business dealings.”

But come October of 2020, a leaked email allegedly shows Vadym Pozharskyi – who happens to be an advisor to the board at Burisma – was reportedly thanking Hunter Biden via email for getting him a meeting with then-Vice President Joe Biden in April of 2015:

“Dear Hunter, thank you for inviting me to DC and giving an opportunity to meet your father and spent [sic] some time together. It’s realty [sic] an honor and pleasure.”

So, the million-dollar question is: what’s legal and what’s not in all these allegations.

Based upon what we’re dealing with here, it’s dicey to speculate with impunity, but one thing that comes to mind is the Foreign Emoluments Clause.

Basically, the clause relates to forbidding elected officials from being able to profit via foreign dealings in order to shield federal office holders from “corrupting foreign influences”.

But the first thing to consider is that there’s not really any case law on the clause to reference how it was ever used previously – leaving not a lot of room to speculate on how it could be wielded.

Secondly, there would have to be a way to cleverly tie that Hunter Biden’s appointment to Burisma financially behooves Joe Biden (or at least behooved him in his time as vice president).

That isn’t exactly easy.

Now of course, there’s also the speculation of the removal of Prosecutor General Viktor Shokin that Joe Biden pressured for back in 2016 while threatening to withhold $1 billion in U.S. loan guarantees if the official wasn’t removed.

Heck, there’s even footage of Joe Biden bragging about this endeavor.

There was clamoring that Shokin’s office was embroiled in an investigation into Burisma Holdings, and that Hunter Biden may have been a target in that investigation by the Prosecutor General’s office.

In reality, Shokin’s office was actually looking into Mykola Zlochevsky (the owner of Burisma Holdings) for possible money laundering.

However, that investigation was either botched or came up empty – depends on who one asks about the sordid investigation.

Now, if Burisma Holdings did go belly-up, then of course Hunter Biden would’ve been out of that sweet gig doing whatever it is he does for them.

But as painful as it is to say this – even that is hard to call illegal.

Oh, make no mistake – it reeks of corruption, as does Hunter Biden’s appointment to Burisma in the first place. But sometimes the law doesn’t catch up with newfangled forms of corruption (or in this case, innovative plays on vicarious nepotism).

So, can the Bidens actually be jailed over some of the corrupt findings?

Well…maybe, but that would make for quite the task for any legal pundit to tackle.

But to be honest, it might just be easier to nab Hunter Biden for some charges related to his extracurricular activities that involve illicit substances considering he just can’t seem to stay away from what Grandmaster Flash told up to avoid back in the song “White Lines”.

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