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House Republicans Launch Probe Into Botched Hunter Biden Plea Deal

Three Republican-led House committees launched an inquiry Monday into first son Hunter Biden’s botched probation-only plea deal, which dramatically fell apart last Wednesday under scrutiny from a Delaware federal judge after critics denounced it as a “slap on the wrist.”

The panels, which are investigating President Biden’s role in his son’s foreign dealings, demanded in a letter obtained by The Post that Attorney General Merrick Garland provide information on the pact, including data that would show exactly how unprecedented the generous terms were.

Two provisions buried in a leaked diversion agreement would have granted Hunter, 53, broad immunity for past crimes, despite a prosecutor’s claims to the contrary in court, and would have prevented the Justice Department from charging Hunter if he violated the terms of his probation unless a judge gave permission.

“The Department’s unusual plea and pretrial diversion agreements with Mr. Biden raise serious concerns — especially when combined with recent whistleblower allegations — that the Department has provided preferential treatment toward Mr. Biden,” the congressional leaders wrote.

Judiciary Committee Chairman Jim Jordan (R-Ohio), Oversight Committee Chairman James Comer (R-Ky.) and Ways and Means Chairman Jason Smith (R-Mo.) signed the letter, which cites the reaction of US District Judge Maryellen Noreika, who rejected the agreement last week.

“In short, the Department shifted a broad immunity provision, which benefits Mr. Biden, from the plea agreement to the pretrial diversion agreement apparently to prevent the District Court from being able to scrutinize and reject that immunity provision,” the committee leaders wrote.

“And then, the Department has benefitted Mr. Biden by giving up its unilateral ability to bring charges against him if it concludes that he has breached the pretrial diversion agreement.

“Instead, it has placed upon itself the burden of getting the District Court’s permission to bring charges even though the District Court normally has no role in policing a pretrial diversion agreement in that manner.

“So, the District Court is apparently removed from the equation when it helps Mr. Biden and inserted into the equation when it helps Mr. Biden.”

The Republicans wrote that they were “concerned that, contrary to its representations to the Judiciary Committee, the Department may be claiming that other investigations into Mr. Biden are ongoing to shield the Department from Congressional oversight about this matter.”

“In that regard, it was notable that Mr. Biden’s counsel stated at the hearing that it was his understanding
that the immunity provision in the pretrial diversion agreement would preclude the Department from bringing charges against Mr. Biden under the Foreign Agents Registration Act,” the letter says.

“While the Department did not agree with that position, it is difficult to understand how the parties would not have a meeting of the minds regarding a clause of the agreement as fundamental as the scope of the immunity provision, and it raises questions about what discussions have taken place between the Department and Mr. Biden’s counsel regarding the status of those investigations.”

House Speaker Kevin McCarthy (R-Calif.) said last week that Republicans were on track to launch an impeachment inquiry into President Biden’s role in his son’s foreign dealings and the three committees would take a leading part in that process.

One of Hunter Biden’s closest former business partners, Devon Archer, testified behind closed doors Monday to the Oversight Committee about his knowledge of Joe Biden’s role in his son’s work with Russian and Ukrainian oligarchs, including Mykola Zlochevsky of Ukrainian natural gas company Burisma Holdings — whose firm paid Hunter up to $1 million to serve on its board. An FBI informant said Zlochevsky claimed he was “coerced” into paying Hunter and then-Vice President Joe Biden $10 million in bribes.

Although Assistant US Attorney Leo Wise told Noreika in court last week that the government could bring additional charges against Hunter for crimes such as violating the Foreign Agent Registration Act through his lucrative work in China, Ukraine and other countries, defense attorney Chris Clark stridently disagreed in court and the underlying paperwork seemed to back his understanding.

The diversion agreement said, “The United States agrees not to criminally prosecute Biden, outside of the terms of this Agreement, for any federal crimes encompassed by the attached Statement of Facts (Attachment A) and the Statement of Facts attached as Exhibit 1 to the Memorandum of Plea Agreement filed this same day.”

The congressional leaders wrote, “This grant of immunity in the pretrial diversion agreement therefore not only covers the gun-related conduct addressed by the pretrial diversion agreement but also the entirely unrelated conduct covered by the plea agreement.”

The letter to Garland notes that Noreika asked Wise if he “had any precedent for agreeing not to prosecute crimes that have nothing to do with the case or the charges being diverted.”

“[Wise] responded: ‘I’m not aware of any, Your Honor.’ Judge Noreika followed up by asking the prosecutor: ‘[H]ave you ever seen a Diversion Agreement where the agreement not to prosecute is so broad that it encompasses crimes in a different case?’ The [assistant US attorney’s] answer was ‘No.’”

The congressional letter asks Garland — who also is a target of congressional Republicans for allegedly giving false testimony about Delaware US Attorney David Weiss’ ability to charge Hunter outside his own district — to provide information on the pending case against Hunter Biden as well as general information on plea agreements by Aug. 14.

Among other details, the panels ask for a “generalized description of the nature of the Department’s ongoing investigation(s) concerning Hunter Biden” and “an explanation of why the Department originally agreed to a plea agreement if other investigation(s) concerning Hunter Biden are ongoing.”

The leaders also request a “list of similar pretrial diversion agreements entered into by the Department in the last ten years concerning the same charge of felony possession of a firearm by a person who is an unlawful user of or addicted to a controlled substance” as well as a “list of pretrial diversion agreements entered into by the Department in the last ten years in which the Department agrees not to prosecute crimes that are unrelated to the charges being diverted.

READ 25 COMMENTS
  • Jamie St Pierre says:

    The Party is over Biden

  • David E. says:

    Republicans say they have or are going to launch an investigation, but than nothing ever happens. And yet when democrats do the same thing especially on Trump, it happens. So either the republicans are still wimps or they the GOP really just want Trump out. So until the GOP start joining forces as a unity and bring down Biden and the democrats, I’ll just stay as an independent voter.

  • Lynda says:

    GOP get your shit together or we will flush you down the toilet

  • Phoenix says:

    Republicans are all talk. It’s time to take action. Arrest hunter and impeach joe

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