Hunter’s Sweetheart Plea Deal

U.S. Attorney David Weiss is now offering to testify publicly in front of the House, and Republicans may need to book him for a week. It could take that long for the Delaware prosecutor to unwind his office’s growing list of Hunter Biden special favors, not to mention its half-truths and outright dissembling.

The latest example came Wednesday in a Wilmington courtroom, as U.S. District Judge Maryellen Noreika exposed the gaping irregularities in what the press had insisted was a routine plea deal with Hunter Biden. The Justice Department had refused to release the agreement, so it was extraordinary when the judge explained that the provisions giving Hunter a wrist-slap for tax and gun charges were “not straightforward,” “atypical,” without legal precedent and potentially unconstitutional. Not only does the Justice Department stand accused of treating the young Mr. Biden with kid gloves; a federal judge now says the president’s son received a sweetheart plea deal like no other.

This included Hunter’s deal related to his gun offense, in which the charge would be dropped so long as Hunter didn’t use drugs or own a firearm for two years in a diversion program. In normal cases, Justice Department personnel would decide whether terms had been violated. But Hunter’s team, worried that a future Republican administration would get to make that call, netted a unique deal that put the judge in charge of the question. Defense lawyer Chris Clark acknowledged this was a special proviso for Hunter, given the controversy surrounding the case and the potential for a “politicized” decision down the road. Yet Judge Noreika said the perk was so unusual as to be potentially unconstitutional, as it essentially granted her prosecutorial powers that belong to the executive branch.

The judge was also taken aback by a deal that was structured to require her to “rubber stamp” pretty much all of it—stripping out a judge’s usual ability to modify or reject provisions. How many defendants cajole their prosecutors into attempting to insulate them from a judge’s oversight? Not many who aren’t named Biden.

But the big moment came when Judge Noreika asked about a curious immunity clause that would appear to shield Hunter from additional charges tied to the conduct described in the plea agreement. She asked if he might still face prosecution for, say, a violation of the Foreign Agents Registration Act. Mr. Weiss’s team—having publicly claimed that its investigation is “ongoing”—clearly felt it had no choice but to acknowledge he might. This shocked Hunter’s defense team, which objected. Things fell apart from there.

Blame this mess, yet again, on prosecutors. There’s good reason to believe the Team Hunter surprise about immunity was legit. What defense lawyer allows his client to sign a plea deal—to negotiate away any leverage—knowing that even tougher charges may still come? Whatever its public statements, Mr. Weiss’s office had clearly led Hunter’s team to believe the probe was wrapped up. Judge Noreika’s demand for legal clarity looks to have exposed a wink-nod deal.

The claim of an “ongoing investigation” has been highly convenient for the Delaware U.S. attorney. It allows the Justice Department to keep dodging congressional questions about the investigation of Hunter’s business activity—since officials claim they can’t talk about active probes. The need for such stonewalling has grown more acute now that two Internal Revenue Service whistleblowers have provided detailed testimony on the irregularities of the investigation. It’s so acute that the Weiss team decided that maintaining the claim of a continuing probe was worth the risk of jettisoning whatever handshake immunity agreement they had made with Hunter’s team.

Yet with the deal now in limbo, Mr. Weiss has an even bigger mess. Judge Noreika instructed the parties to return in several weeks with clarity on her role and details about Hunter’s risk of further prosecution. This gives Republicans more time to inform the judge about problems with the investigation. It’s also entirely possible that Hunter’s team won’t agree to any revised provisions that treat their client like other mere mortals.

The Justice Department on Monday offered to make Mr. Weiss available for public testimony in front of the House Judiciary Committee on specific dates in September and October. The letter was sent on the presumption that the Hunter plea deal would by then be done and dusted, which would have allowed Mr. Weiss to speak to this settled “justice” while artfully dodging questions about live issues. Now the Hunter deal remains open, its special perks in focus, and Mr. Weiss is under pressure to give the court even more ugly details.

In short, the Justice Department has been caught playing games—and has no good answers. That’s because it never expected to have to give any. The Hunter deal was always premised on the notion that nobody would see the sausage. The Justice Department would release the bare bones of an agreement, the press would infuse it with credibility, and the judge would sign off. It didn’t count on two whistleblowers providing evidence of political favoritism, or on a court that questions why prosecutors are acting as a Hunter favor factory.

All the more reason for House Republicans to double down on their own investigation. Lady Justice isn’t operating blind.

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