Unveiled Secrets: The Hidden Truth Behind the Hunter Biden Plea Agreement Blow-Up

Thread via Will Scharf

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.

Thread via @doctormalibu

The Hunter Biden Plea deal. A few points quoting the Failed Agreement.

Note 1. “The defendant understands that the ultimate determination of an appropriate sentence will be up to the sentencing judge.“ The deal was a proposal that could be accepted or rejected by the judge. The judge also had the latitude to allow for more time for the parties to come to a fair agreement.”

Note 1 Analysis. The Judge had three choices when presented with the plea agreement; reject it, accept it, or allow the parties additional time to come to an agreement. This is reportedly what happened. But do not expect that there will be an agreement. The agreement fell apart because it would not include the agreement to future immunity against related crimes still under investigation by the DOJ (FARA? Treason?)

This grant of immunity was not contained within the published portion of the plea deal. The immunity agreement was discussed in Court, according to multiple news reports. It must have been contained in “sealed Attachment A” hidden by public view by the Department of Justice. (See Note 3).

The judge is not going to allow relief from future prosecution via a grant of transactional immunity. Especially where the DOJ admits in court that a continuing criminal Investigation into Hunter and Joe Biden’s financial past is ongoing in Congress and at the DOJ. Republicans made sure that the COurt knew of the testimony and accusation of the IRS Whistleblowers. That was the evidence Hunter’s attorney from Latham tried to get stricken from the record by pretending to be calling from a representative from Congress.

Note 2. “Pursuant to 18 U.S.C. §§3663 and 3663A, the defendant agrees to the entry of a Restitution Order for the full amount of the victim’s losses attributable to the defendant’s activities as ordered by the Court, which is expected to be zero, because the self-assessed tax due at the time of filing and associated interest and penalties have been paid to the Internal Revenue Service by a third party on behalf of the defendant.”

Note 2 Analysis: Who is paying for Hunter’s tax bill, and why isn’t that party identified to the public?

Note 3. It is further agreed by the undersigned parties that this Memorandum and Exhibit 1–together with sealed Attachment A–supersedes all prior promises, representations, and statements of the parties.”

Note 3 Analysis: What is in the “sealed” Attachment A”? It must include the language about transactional immunity and the triggering of a Double Jeopardy affirmative defense for Hunter to protect himself and his family (As Agents and Co-conspirators) against future related criminal charges.

The Court received written testimony from the two IRS Whistleblowers/Investigators sent to the court as an amicus (Friend of the Court) brief after the whistleblowers testified under oath in front of Congress.
They alleged that the Justice Department sandbagged the recommended felony charges bu the IRS. The Whistleblowers testified that the DOJ let several potential felony charges lapse under the relevant statute of limitations and undercharged the other three felonies as two misdemeanors and one diversion agreement for the felony violation of lying on an application for a firearm purchase.

Prediction: The Judge is not going to let any grant of immunity attach to any future plea agreement between Daddy’s DOL and Hunter Biden. Without it Hunter will go to trial. Before any trial starts or completes, Hunter and his entire family will be Pardoned by the “Big Guy”.

The Big Guy will resign from office to avoid impeachment. President Harris will pardon Joe to save the courtry from the division such a trial would bring.

The same rationale that President Ford used to pardon Richard Nixon.

There will be a three-way race for the DNC Nomination:

1. Robert Kennedy (My Favorite to win the nod.)
2. Gavin Newsom (DNC Superdelegates favorite.)
3. Kamala Harris.

Lying liars are gonna lie.
1. 100% he will pardon Hunter.

2. 100% he will pardon any other family member who received the tainted foreign cash.

3. Then he will resign for “health”reasons. This sets up the criminal defense of incompetence should Trump try and prosecute him.… https://t.co/LvrI62xmyx

— DOC (@doctormalibu) July 27, 2023