Without the diversion agreement, [Special Counsel David] Weiss is free to prosecute [Hunter] Biden on the gun charge as well as the tax charges. That will raise a constitutional issue, since the gun charge is based on a statute that arbitrarily strips peaceful Americans of their Second Amendment rights based on their choice of politically disfavored intoxicants. That prohibition applies not only to crack users like Biden but also to cannabis consumers, regardless of whether they live in states that have legalized marijuana.
