The Hunter Biden deal is mucking up the Democrats’ plans to take over the country and turn America into a one-party totalitarian government. No one in the public was aware of just how shady the so-called deal was until Wednesday. Thank God there was a competent judge on the bench, Judge Maryellen Noreika, who was not willing to be a pawn in their game.
Will Scharf, a former federal prosecutor, has provided an opinion on what he believes took place.
“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.
They, that is the DOJ and Hunter’s lawyers, tried to slip this past the judge not only hiding it in the pre-trial diversion agreement but also by only providing the pertinent paragraph 15 just before the proceedings were to begin.
“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.
Noreika may have been alerted to potential shenanigans. First, she had been told that she had no role in this, that she should not be concerned about what’s in the provisions. Noreika stated on the record that she had been told by the lawyers from both sides she should not be reading the agreement.
Then, it appears that Hunter’s legal team tried to get filings from a senior Republican lawmaker removed from the public docket. The lawyers blamed the dispute on an “unintentional miscommunication” on the eve of their client’s plea hearing. I doubt there is anyone left in America who actually believes such nonsense.
“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.”
It will be interesting to see how this plays out. Most of the country knows by now that the “sweetheart” plea deal has been blown up by the judge. While the media may portray the judge as appointed by Trump (which she was), the facts on the ground are that she was approved by both Democratic Senators from Delaware. They had the power to nix her elevation to the federal bench. They did not do that.
This is a critical moment for the DOJ, particularly Deputy AG Lisa Monaco and Attorney General Merrick Garland. The transparency of the “dual justice system” is clearly shown within the collusion between the USAO in Delaware and the representatives of the Biden family.
The DOJ will try to turn the public’s attention away from this by drumming up another sham indictment of PDJT. They are as predictable as the fact that the dawn follows the night.
This also brings up the shield of the “ongoing investigation.” As has become clear, it is often used to protect corrupt actors rather than as mechanism to bring such corrupt actors to justice. This includes corrupt actors within the DOJ.
It could be time to get some popcorn.