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DOJ Exposed Colluding with Hunter Biden’s Legal Team

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.

  • DDearborn says:


    This series of “events” was I believe carefully orchestrated and carried out. Why? because this is leading to exactly the outcome what was agreed upon years ago.

    Despite never, ever being mentioned by the media, let alone the “prosecution”, Hunter likely committed 4 felony gun violations, not just not one. Remember each of the following are considered separate Federal Felony gun violations: Falsifying a gun purchase application, illegally purchasing/procuring a firearm, possession of a illegally obtained firearm, and discharge of a firearm while under the influence of drugs/alcohol. In total these gun crimes, based on thousands of previous convictions for identical crimes, typically see crooks like Hunter getting 40+ years under Federal Sentencing guidelines.

    Now in trade for allowing Hunter to get off scott free for one or all of these crimes the “prosecution” will eventually contend that they are in fact taking the additional immunity off the table and “continuing to investigate Hunter biden”….

    Bear in mind that the totally corrupt FBI/Justice Department and Hunter Biden’s attorney’s want to achieve 2 goals here: Expunge any and all weapons charges in exchange for a couple of inconsequential misdemeanor tax charges thereby ensuring zero jail time and no real damage to hunter.

    And second and probably far more important to Hunter’s boss Joe: make sure that on paper both the FBI and the Dept. of “Justice” can testify under oath that hunter remains under investigation and therefore none of them have to testify under oath. Furthermore, they will have at least 18 more months to stall, thus allowing the statute of limitations to expire on many more charges and also time to bury the rest of the evidence…

    Of course, if all else fails and Hunter actually has to go to jail for the crimes he committed, Daddy will grant a full pardon and then retire.

    For those keeping score: the equally corrupt Donald Trump pardoned his equally crooked and equally crooked brother in law with very close ties to organized crime. That man was Jared Kushner’s father… Jared Kushner is of course jewish and has ties so close to israel and the mossad that he was denied ANY security clearance AT ALL by literally EVERY SINGLE AGENCY/BODY involved in approving security clearances for White House Staff. Only by way of Trump using his presidential powers to overrule all of those agencies and bodies was Kushner granted an above top secrete security clearance.

    And speaking of getting sweetheart deals from “prosecutors” consider the following:

    Charles Kushner, also jewish with extremely close ties to israel and the mossad, was convicted on more than a dozen counts of tax evasion, Federal felony witness retaliation and lying to federal election officials which would for the rest of us have meant spending at a bare minimum, 10 years in jail. And yet Charlie got off with 1 year in a country club jail AND STILL GOT PARDONED!!!



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