Lawrence Person's BattleSwarm Blog

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 Hunter Biden defense and the Biden Justice Department hid the sweeping immunity term, shielding Hunter from all future prosecution, in a “diversion agreement” related to the gun offense on which Hunter was not pleading guilty and is anticipated not to be prosecuted. (See here, p. 7, para. 15.) The “diversion agreement” is separate from the plea agreement to the misdemeanor tax charges (see here) — i.e., the only charges to which Hunter actually planned to plead guilty. The plea agreement is where one would ordinarily find the all-important immunity term (since the immunity is given by the government in exchange for the guilty plea). Both the diversion agreement and the plea agreement incorporate an outrageous statement of facts (which is appended to the tax plea agreement, linked above). This fictitious presentation, which appears to have been drafted by Hunter’s lawyers, is nevertheless endorsed by the Biden Justice Department, even though it is utterly inconsistent with the prosecutors’ face-saving protestations, under pointed questioning Wednesday by Judge Maryellen Noreika, that they are conducting a continuing investigation in which Hunter is a subject and could be charged.

It could not be more obvious that, if the government were truly conducting a continuing investigation, prosecutors would never in a million years give one of the main subjects of that investigation a plea to minor tax charges — with the promise of a recommendation of no imprisonment — in the middle of that investigation.

This corrupt episode happened because this case is not a legitimate case — it’s a sham. In legitimate prosecutions, the defendant and the Justice Department are adversaries, with defense lawyers looking out for the defendant’s interest and the prosecutors vindicating the public interest in seeing that lawbreakers are held to account. The Hunter Biden case, to the contrary, is a travesty, in which the defense and the prosecution are on the same side.

That is why the prosecutors have never filed an indictment that lays out the case against Hunter in exacting, painful detail — the way the Justice Department typically does. To do that would be politically devastating for the president, who is implicated in his son’s conduct. Plus, if prosecutors fully describe the serious charges that appear to be supported by evidence already known, it would become politically impossible to settle the case on two trivial tax misdemeanors with no jail time, in addition to disappearing a gun felony carrying a potential ten-year prison sentence.

That is why the plea agreement could not be a normal plea agreement. The point of an agreement is to outline in detail the full extent of the immunity the defendant is getting in exchange for his plea. Because the Hunter Biden defense and the Biden Justice Department are on the same side, the collective objective was to give Hunter as much immunity as possible, with as little said as possible about why he needs it.

Biden family business associate and President Joe Biden’s son Hunter’s “best friend in business” has canceled his scheduled appearance on Monday to give testimony before the House Oversight Committee for a third time. Well, something seems to really have this guy spooked, wouldn’t you say? Why in the world would this guy cancel not once, not twice, but thrice, er, I mean three times? It doesn’t take someone with an IQ north of 180 to see this.

Rep. James Comer (R-Ky.), the chairman of the House Oversight Committee, spoke with Fox News and stated that Devon Archer canceled the deposition he was scheduled to participate in before the committee. Archer is currently under a subpoena from the committee but has now backed out three times, according to Breitbart News.

The Department of Justice (DOJ) has dropped campaign finance charges against alleged ‘crypto scammer’ Sam Bankman-Fried, who was accused of misusing customer deposits and who made $90 million in campaign contributions to around 300 predominantly left-wing political candidates or action committees (PACs).

Prosecutors argued the United States “mishandled” the process of extraditing Bankman-Fried from the Bahamas, writing a letter stating, “In keeping with its treaty obligations to the Bahamas, the government does not intend to proceed to trial on the campaign contributions count.”

Bankman-Fried, who had a net worth of around $26.5 billion at his peak, ranked behind only George Soros in donations to the Democrats last year.

How convienent. (Hat tip: Instapundit.)

Two Texas teachers accused in separate sex crimes against children were arrested on the same day and each charged with sexually assaulting a child and trafficking a child for sex.

Red Oak ISD teacher and coach Gershon Caston, 38, was arrested Thursday and charged with three first-degree felonies:

• Aggravated sexual assault of a child
• Trafficking a child to engage in sexual conduct
• Compelling prostitution by a minor

Snip.

Former Nacogdoches ISD teacher Annaleigh Andrews, 24, was also arrested Thursday and charged with a dozen felonies:

• Three counts of trafficking a child to engage in sexual
• Three counts of sexual assault of a child
• Three counts of improper relationship between student and educator
• Three counts of enticing a child with intent to commit a felony

Senate Democrats on Thursday blocked a measure that would have stopped the Biden administration from discriminating against Jewish-made Israeli products.

The Democratic members of the Senate Commerce Committee rejected a measure from Sen. Ted Cruz (R., Texas) that would have blocked the Federal Trade Commission from penalizing products produced by Israelis living in contested territories, including the West Bank, Gaza Strip, and Golan Heights.

(Hat tip: Ted Cruz’s Facebook page.

park master clever dog pic.twitter.com/x3lKwyg1gD

— Enezator (@Enezator) July 21, 2023

(Hat tip: Ace of Spades HQ.)