The Biden-Harris Administration

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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.

Turley Unleashed: Hunter Biden’s Judge Raised The One Question The White House Most Fears​

Watch as Constitutional Law Professor Jonathan Turley reveals why Democrats are now panicking over Hunter Biden, and the question of whether he is, or is not, a foreign agent.

“I think part of the problem is they really did want to cap out the case.”

“The Department of Justice wanted to cap this investigation. But they didn’t want to say that it was now over.”

“From the very beginning, the Hunter Biden team said this is a close-out plea agreement. There would be nothing left to investigate.”

“But the Department of Justice is telling Congress we’re not going to give you these witnesses or these documents because there’s an ongoing investigation.

“You can’t do both things when a judge is asking you to specifically address whether this is a close-out or a continuing investigation…”

“This is a big problem. This was all supposed to be scripted. It was all supposed to be easy. And now it is off script and it is anything but easy.

“Because the judge just raised the one charge that the White House most fears which is the chance that Hunter was a foreign agent. And if he was a foreign agent, the question is foreign agent for who and for what purpose?”

“The president was that purpose. If you’re influence peddling, it’s influence over the president. So if you go for FARA, it’s going to bring all of this stuff in.”

“Including some of these tax accounts for 2014 and 15 that the Department of Justice allowed to run, allowed the statute of limitations to expire.”

“All of that can get boot strapped into a FARA issue. The whole purpose of this deal is collapsing as we’re watching it. And it’s taken Washington by utter surprise. I was on the Hill talking with members and everyone was floored.”

Warning: Language.

I think the worst aspect of what has happened is that the cabal has effectively begun to normalize in-your-face government corruption. This goes way beyond just Biden, Obama, Clinton, etc. We can all sing a long song about the laundry list of crimes that have been committed by a large part of the American leadership while the mainstream media remained completely mum throughout all of it. This isn't just corruption or treason, it's the downfall of the republic. It'll be extremely difficult to come back from this, and within our lifetime we may see the current political rift in the nation transform itself into outright secession and separation. Which of course would only benefit the ones who are responsible for bringing down the system in the first place. It's difficult to remain optimistic in the face of all this.

That's called polarization of society. Carefully engineered to produce 50/50 electorates that can be shifted in a favored direction according to big money interest. We are repeatedly seeing this all over the West these days, which most people don't even realize anymore. Where we do NOT see this happen often is in non-Western nations where the media still is more diversified, or alternatively where the media is not heavily used to enforce a particular narrative. Think Poland, Russia, Turkey, India, etc. As soon as the NGOs and Western cultural exchange organizations (i.e. CIA sponsored/financed orgs) are allowed to set hold this quickly changes however.