Posted on 07/27/2023 1:02:26 PM PDT by Red Badger
It's been 24-hours since Hunter Biden entered a Delaware courtroom expecting to walk away without jail time and a codification of his sweetheart plea deal offered by the Department of Justice -- wiping away felony tax fraud and a felony gun charge with minor misdemeanors and a diversion program.
“As he entered the courtroom, Mr. Biden drew a deep breath and plunged forward to greet the prosecutors who investigated him for five years with handshakes and a smile,” the New York Times reported about the scene.
But after asking just a few simple questions, U.S. District Court Judge Maryellen Noreikam torpedoed the whole thing and exposed DOJ's collusion with the Hunter Biden legal team to evade more serious charges in the future. According to former federal prosecutor Will Scharf, this is what happened:
Based on conversations with people who were in the courtroom today, and my experience as a former federal prosecutor, I think I know the full story of what happened with the Hunter Biden plea agreement blow-up this morning.
Bear with me, because this is a little complicated:
Typically, if the Government is offering to a defendant that it will either drop charges or decline to bring new charges in return for the defendant's guilty plea, the plea is structured under Federal Rule of Criminal Procedure 11(c)(1)(A). An agreement not to prosecute Hunter for FARA violations or other crimes in return for his pleading guilty to the tax misdemeanors, for example, would usually be a (c)(1)(A) plea. This is open, transparent, subject to judicial approval, etc.
In Hunter's case, according to what folks in the courtroom have told me, Hunter's plea was structured under Federal Rule of Criminal Procedure 11(c)(1)(B), which is usually just a plea in return for a joint sentencing recommendation only, and contained no information on its face about other potential charges, and contained no clear agreement by DOJ to forego prosecution of other charges.
Instead, DOJ and Hunter's lawyers effectively hid that part of the agreement in what was publicly described as a pretrial diversion agreement relating to a § 922(g)(3) gun charge against Hunter for being a drug user in possession of a firearm.
That pretrial diversion agreement as written was actually MUCH broader than just the gun charge. If Hunter were to complete probation, the pretrial diversion agreement prevented DOJ from ever bringing charges against Hunter for any crimes relating to the offense conduct discussed in the plea agreement, which was purposely written to include his foreign influence peddling operations in China and elsewhere.
So they put the facts in the plea agreement, but put their non-prosecution agreement in the pretrial diversion agreement, effectively hiding the full scope of what DOJ was offering and Hunter was obtaining through these proceedings. Hunter's upside from this deal was vast immunity from further prosecution if he finished a couple years of probation, and the public wouldn't be any the wiser because none of this was clearly stated on the face of the plea agreement, as would normally be the case.
Judge Noreika smelled a rat. She understood that the lawyers were trying to paint her into a corner and hide the ball. Instead, she backed DOJ and Hunter's lawyers into a corner by pulling all the details out into the open and then indicating that she wasn't going to approve a deal as broad as what she had discovered.
DOJ, attempting to save face and save its case, then stated on the record that the investigation into Hunter was ongoing and that Hunter remained susceptible to prosecution under FARA. Hunter's lawyers exploded. They clearly believed that FARA was covered under the deal, because as written, the pretrial diversion agreement language was broad enough to cover it. They blew up the deal, Hunter pled not guilty, and that's the current state of play.
And so here we are. Hunter's lawyers and DOJ are going to go off and try to pull together a new set of agreements, likely narrower, to satisfy Judge Noreika. Fortunately, I doubt if FARA or any charges related to Hunter's foreign influence peddling will be included, which leaves open the possibility of further investigations leading to further prosecutions.
The White House and President Joe Biden maintain the investigation into Hunter Biden was "independent" and without favoritism.
Former federal prosecutor Brett Tolman says there's "no way" Hunter's legal team and DOJ weren't on the same page. Former attorney for the Senate Judiciary Committee Mike Davis also weighed in.
So, what's next? DOJ prosecutors said in court Wednesday that Hunter Biden was under investigation for failing to register as a foreign agent under the Foreign Agent Registration Act. He made millions of dollars working on behalf of Burisma, a corrupt Ukrainian gas company, and took part in a number of Chinese "business deals" without registering under FARA.
According to the Department of Justice, "The penalty for a willful violation of FARA is imprisonment for not more than five years, a fine of up to $250,000, or both. Certain violations are considered misdemeanors, with penalties of imprisonment of not more than six months, a fine of not more than $5,000, or both."
Hunter Biden entered a not guilty plea yesterday after planning to enter a guilty plea. His legal team has 30 days to come up with an agreement with DOJ. In the meantime, Hunter is on pre-trial release with a number of conditions.
The judge should grow a pair and start holding lawyers in contempt. Refer for disbarment.
When they all left the courthouse in the same black SUV’S, it was pretty obvious to us Walmart Stinking public.
And just how did they get that impression?
The judge noticed that the prosecution opted for immunity, too. lol...what a bunch of d********.
I think they’re going to have to come up with two separate agreements....neither giving immunity in any form.
Garland got caught being corrupt, again.
Hunter needs to get a job, lol.
isn't he a very successful artist?
BETCHA 2 ice cream bars he cannot obey those conditions the judge listed.
ALCOHOL & DRUG usage being first to fall.
The facts seem to indicate otherwise - else why did the prosecutors disclose that he was still under investigation and potentially could face additional charges? All they had to say was “No your honor” and Hunter could be doing bong hits with his lawyer now.
The main stream media, the Bidens, the democrats, and the DOJ all thought the judge would just rubber stamp this agreement despite republican politicians saying this is a “sweetheart deal.” Those people thought republicans would have no say on Hunter Biden’s legal troubles.
Thankfully the judge asked the proper questions to probe the real reason why Hunter Biden and his legal team accepted this plea arrangement. At least she was doing a thorough job unlike the media who just echo Democrat’s talking points that the Hunter Biden laptop story was just Russian disinformation.
Sounds similar to Epstein’s deal.
There is the so vaunted
collusion
the same word that the fake run govment agencies were so diligently trying to connect President Trump to
Need some standing up to in DC swamp country
Hunter Biden entered a Delaware courtroom expecting to walk away without jail time and a codification of his sweetheart plea deal offered by the Department of Justice — wiping away felony tax fraud and a felony gun charge with minor misdemeanors and a diversion program.
“As he entered the courtroom, Biden drew a deep breath and plunged forward with handshakes and a smile to greet..... the prosecutors....... who investigated him for five years,” the New York Times reported about the disturbing scene.
Scary thought that he almost ended-up on the SCOTUS.
What then to make of that story about Hunter’s lawyer calling the judicial clerk and impersonating the prosecution? Seems like a funny thing for players on the same team to do. It makes me wonder if that story was incorrect. Or maybe it’s just a case of rats acting like rats even when they’re on the same team.
“why did the prosecutors disclose that he was still under investigation and potentially could face additional charges? “
The thinking is they want to be able to say to the House that they can’t provide information because Hunter is still under investigation even though in reality, the prosecutors are not going to do anything. If Hunter is totally free and clear, then they would be under pressure to privde information.
The idea he’s staying at the Whitehouse with mommy and daddy - being chaffered around - might indicate they have him on a tight leash just in case Biden wants to get him out of the country fast.
They were on the “same page” until caught.
The Prosecutors were between a rock and a hard place....They could not admit that there were not additional on going investigations as that would open the door for unprotected questioning and investigation by the House Sect Committee on a whole host of other matters and they couldn’t admit to the plea deal that was actually agreed upon with a wink and a nod because the judge would not allow it and it would make them appear as corrupt as they actually are.
A real self created Catch-22.
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