Our legal system is based on what are called “adversarial proceedings,” meaning two opposing sides battle it out in front of an unbiased jury and/or a judge, presenting evidence and interpretations of law in a trial, the results of which are findings of fact and law and a judgement for or against one of the parties.
But what if the parties aren’t really adversaries? What if they are for all intents and purposes on the same side?
That would be considered a perversion of justice by most normal Americans, yet that is how Democrats operate all the time, see the “sue and settle” deals with liberal environmental and so-called voting rights groups for examples.
How did Hunter Biden get such a sweet deal?
Well, the fix was in through the Biden family’s creation of what has become “the Delaware way.” Meaning a go along-get along system fueled by connections among the self-appointed elite of Delaware’s political, business, and legal community.
While supposedly prosecuting Hunter Biden, Delaware prosecutor Alex Mackler shows up in an October 16, 2018, message on Hunter’s laptop:
“[W]as wondering how life is on your end. Last you told me you were out in LA. Gimme a call sometime we can catch up. Love you brother”
(Thanks to the Marco Polo project and Paul Sperry for that catch.)
So, a deal “negotiated” between “brothers” is the kind of perversion of justice that Democrats were attempting when they “negotiated” the Hunter Biden plea deal that U.S. District Judge Maryellen Noreika unexpectedly rejected.
We say unexpectedly because, as Don Surber wrote in his Substack column, Someone finally told Hunter no:
In March, she tossed John Paul Mac Isaac’s defamation case against CNN, Politico, and Hunter Biden. Isaac was the computer repairman who had taken Hunter’s laptop to the FBI, which promptly refused to investigate.
So naturally when she got Hunter’s criminal case for failing to pay taxes on his bribes and a gun felony, people assumed the fix was in. The Biden administration offered a sweetheart plea deal with Hunter and the Biden-approved judge would simply rubber-stamp.
In rejecting the sweetheart deal Judge Noreika also threw some very unwanted light on Hunter Biden’s “business” dealings (we call them bribes) and on some of the insiders involved in the putting the deal together.
According to reporting by Diana Glebova of the Daily Caller:
During calendar year 2017 — one of the years Hunter Biden is charged with failing to pay taxes in their entirety — the president’s son earned “just under $1 million from a company he formed with the CEO of a Chinese business conglomerate; $666,666 from his domestic business interests; approximately $664,000 from a Chinese infrastructure investment company; $500,000 in director’s fees from a Ukrainian energy company; $70,000 relating to a Romanian business; and $48,000 from the multi-national law firm,” the memorandum of the plea agreement read, Politico first reported Wednesday.
“He further negotiated and executed contracts for business and legal services that paid millions of dollars of compensation to him and/or his domestic corporations, Owasco, PC and Owasco, LLC,” the plea deal stated.
But that’s just the tip of Hunter Biden’s tax iceberg.
“Back in 2002, he filed his Form 1040 late-filing and owing over $100,000 in taxes; 2003, owed more than $100,000 dollars in taxes; 2004, late-filed and owed more than $20,000 in taxes; and then 2005, late filed his personal return and owed over $100,000 in taxes,” an IRS whistleblower testified before the House Ways and Means Committee.
The plea deal would have wiped out Hunter’s legal jeopardy for all of that, and many other obvious crimes documented on his laptop.
But Judge Noreika wasn’t done busting up the cozy little Delaware Way deal masquerading as an adversarial proceeding.
There was a broad immunity provision (arguably covering every crime Hunter may have committed during the relevant time frame) hidden in Paragraph 15 of the Pre-Trial Diversion Agreement and this was done by the parties in order that the judge could not accept or reject the broad immunity portion of the overall deal. Totally unprecedented, observed white collar criminal defense attorney Sol Wisenberg in a tweet.
As former federal prosecutor Will Scharf explained in a Twitter thread, in return for pleading to the two misdemeanor tax fraud charges, with a joint recommendation of no prison time, Hunter was getting not just pretrial diversion on his felony gun charge that would leave his record clear if he completed probation, but also broad guarantees against further prosecution on a wide range of other charges that haven’t been publicly aired as of yet.
Hunter wants to walk away from a decade of criminal activity, including potential FARA violations and other serious criminal charges, with a slap on the wrist.
Hunter refused to plead guilty without these guarantees, so the judge effectively blew up the plea.
Now, here’s one more insult to add to the Hunter Biden perversion of justice saga: Hunter’s tax liabilities have apparently been discharged by a “third party” allegedly including his bong-tooting pal, Hollywood lawyer Kevin Morris.
To summarize, we will excerpt a Twitter thread by Senator Tom Cotton – that’s Harvard educated lawyer Senator Tom Cotton:
For an entire month, Hunter’s defense team and federal prosecutors—more co-conspirators than opposing counsels—crafted a vague plea agreement that could grant Hunter immunity from further prosecution.
The hearing collapsed when the judge asked whether the agreement would protect Hunter from future prosecution.
The prosecutors said yes, while Biden's attorneys claimed total immunity as the goal of the deal.
Maybe the two sides misunderstood each other—but it’s hard to believe Hunter’s high-dollar attorneys and top federal prosecutors never talked about whether their plea agreement covered future charges.
In all likelihood, the two sides crafted an intentionally vague agreement that could have been used to shield Hunter from future prosecution. But the judge found them out.
U.S. District Judge Maryellen Noreika
Delaware prosecutor Alex Mackler
Biden bribery scheme
FBI Director Wray
Joe Biden impeachment
Merrick Garland impeachment
Senator Chuck Grassley
Representative James Comer
Biden family scandals
Special Counsel Jack Smith
Hunter Biden attorney Christopher Clark
Hunter Biden tax evasion
Hunter Biden weapons possession
Hunter Biden jail time