In its simplest terms, the whole concept of justice in America assumes that there are two opposing parties with equal access to information and represented by advocates of their choice. As the “Deal of the Century” negotiated between lawyers for Hunter Biden, son of President Joe Biden (D), and lawyers from the Department of Justice (subject to the concurrence of political appointees appointed by Mr. Biden) finally begins to see the light of day, it becomes increasingly apparent that, in this case, the opposing lawyers were actually sitting on the same side of the table.
Hunter’s lawyers were charged with protecting Hunter from an investigation launched by the Justice Department prior to Mr. Biden becoming President of the United States and taking control of the Department through his political appointees. (Henceforth I will refer to the younger Mr. Biden as “Hunter” to avoid confusion with the elder Mr. Biden who shall continue to be referred to as Mr. Biden.) The investigation began over five years ago and included allegations relating to drug use, violation of gun registration laws as a recovering addict, soliciting and receiving bribes, violations of the Foreign Agents Registration Act (AFAR), money laundering. income tax fraud and evasion, and even some questions regarding the Mann Act – interstate transportation of females for purposes of “prostitution or debauchery, or for any other immoral purpose”.
Mr. Biden’s politically appointed lawyers in the Justice Department under Attorney General Merrick Garland, either directly or by innuendo, were also charged with protecting Hunter during the course of the investigations –at least protecting him from jail time and a felony conviction.
Questions relating to “favorable treatment” of Hunter were raised during the 2020 presidential campaign and finally acknowledged by Mr. Biden after the election. Thereafter the process changed. Mr. Biden’s lawyers were now in charge of the investigation by both the Justice Department and the Internal Revenue Service (IRS)
In the first instance, time appeared to be the chosen method. The Justice Department lawyers drug out an investigation that should have taken no more than six months for over five years and allowed the statute of limitations to run out on potential felony charges relating to failure to declare or pay taxes on substantial portions of his income. The Democrats were in control of both the House and the Senate and thus there were no inquiries as to allegations surrounding Hunter and so time was the best and most opaque method for protecting Hunter.
However, the 2022 election change all of that as the Republicans retook control of the House from former Speaker of the House Nancy Pelosi (D-CA) and her Democrat colleagues. The Republicans under the new leadership of Speaker Kevin McCarthy (R-CA) vowed to get to the bottom of whether there was a two-tier justice system that favored the politically connected – starting with Hunter. That being the case, the method of protecting Hunter changed and the Justice Department followed a two-track process. First the Justice Department lawyers refused to comply with House demands for documents and testimony citing an “ongoing” investigation. And second by negotiating a deal with Hunter’s lawyers to plead guilty to misdemeanor charges with no prison time and to pay his delinquent taxes. The latter was accomplished when a wealthy campaign donor to Mr. Biden provided the money to pay Hunter’s taxes while the former became the Deal of the Century.
But the Deal of the Century had two other elements. Hunter’s lawyers feared that should the Republican candidate win the presidency in 2024 (s)he would replace the political appointees in the Justice Department and reinvigorate the investigation into Hunter’s activities with foreign governments. That would again put Hunter at risk for further prosecution and prison time. Hunter’s lawyers wanted to shut down the investigation permanently by using a grant of immunity from prosecution.
On the other hand the Justice Department needed to preserve its claim of an “ongoing” investigation in order to continue stiff arming requests from House for documents and testimony. And the lawyers of the Justice Department needed that protection because they realized that the House’s investigation was going well beyond just Hunter and was seeking information as to corruption within the department – including the conduct of Attorney General Merrick Garland – as to its disperate treatment of cases depending on political affiliation. In essence, the Justice Department needed protection at least until the results of the 2024 election – if Mr. Biden won everything would be fine; while if the Republican candidate won there would still be time to clean out the files and resign -perhaps with immunity from Mr. Biden.
In the end, it appears that the Justice Department and Hunter’s lawyers agreed to include vague language relating to immunity for further prosecution, while preserving the department’s ability to claim an ongoing investigation in order to protect itself from an investigation into its corruption. The language was included in a side agreement that was not presented to the judge prior to or at the hearing on the plea agreement. It was one of those “D.C.” agreements to say one thing while not doing anything – in essence while the Justice Department could continue to use the “ongoing investigation of Hunter as a means of avoiding disclosures, there would really be no further investigation of Hunter and he would be free to return to whatever it was the made him worth millions of dollars to foreign governments.
The Deal of the Century proves the corruption of the Justice Department under Mr. Biden. The investigation of Merrick Garland should continue at an accelerate pace.
Whether there is a two-tier system of justice in America hangs in the balance.