WASHINGTON — Thursday’s indictment of former President Donald Trump has set a precedent enabling Republican prosecutors to seek criminal charges against President Biden, conservative legal experts told The Post Friday.
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“Republicans need to learn how to take off the gloves and put on the brass knuckles and break glass jaws — politically and legally, not physically,” Mike Davis, a former chief counsel for nominations on the Senate Judiciary Committee and president of the Article III Project, told The Post.
“If New York can turn a routine settlement of a business dispute seven years ago into a felony, I think our Republican AGs and DAs should get creative,” added Davis, who briefly worked as a federal prosecutor before clerking for Supreme Court Justice Neil Gorsuch. “Two wrongs don’t make it right, but it makes it even.
“You just need probable cause. A grand jury can indict a ham sandwich. We just saw that in New York. And the Bidens actually committed real crimes. These are real crimes that the Bidens committed. There is smoking gun evidence that the Bidens were corruptly and illegally on Chinese and Ukrainian oligarchs’ payrolls.”
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Davis, who oversaw federal judicial and prosecutor nominations on the Senate Judiciary Committee between 2017 and 2019, laid out specific ideas for a Biden prosecution.
“I understand the Bidens may have had some oil and gas deals that deal with Texas. I think maybe Texas Attorney General Ken Paxton should start looking at this long and hard … and Louisiana with [Republican state Attorney General Jeff] Landry,” Davis said.
“Paxton and Landry, they need to look at this,” he added. “And if you can find a conspiracy and any of the overt acts of a conspiracy are committed in any of those states, you can bring charges.”
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Hunter wrote in documents retrieved from his abandoned laptop that he paid as much as “half” of his income to his father, whom he often involved in his business relationships during and after his vice presidency.
“You’re looking at the Foreign Corrupt Practices Act, bribery, tax evasion, gun charges, conspiracy, obstruction, espionage with using stolen classified records from the Obama White House for his Ukrainian and Chinese deals,” Davis said of potential charges against Joe Biden.
“Biden was broke when he was a senator. He was broke when he left. And all of a sudden he’s very wealthy. It’s not because of his brilliance or his charm. How did he make that money?”
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Joe Biden also met as vice president with his relatives’ associates from Mexico, Kazakhstan, Russia and Ukraine — and Hunter’s boss from a different Chinese business venture called BHR Partners.
“Maybe these states have a long-arm statute when you’re dealing with foreign corruption. Who knows? Maybe New York and Florida and places like that can start looking into this,” Davis said before suggesting state tax fraud charges as another possible avenue.
“If you are making money in a state and you’re liable for state taxes, you’re not paying them — sure,” he said. “These Republican state attorneys general and Republican DAs and Republican prosecutors need to make sure that any and all allegations against the Bidens get a full and fair consideration.”
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Davis said Republican retribution should amount to a “dead chicken strategy” — recounting a story that he said Supreme Court Justice Clarence Thomas once told him over lunch.
“[Thomas] talked about growing up on the farm in Georgia. When dogs killed chickens, you would wrap those dead chickens around the dog’s necks. And as those chickens rotted around those dogs’ necks, those dogs lost the taste for chicken,” Davis said.
“We need to do the same thing to the Democrats on politicized and weaponized bogus charges against Trump and Republicans. We need to give Democrats a healthy dose of their own medicine so they stop doing this.”
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