The Department of Justice (DOJ) wrote a letter Sunday clarifying it will not have Hunter Biden’s business associate Devon Archer sent to prison before his Monday testimony to the House Oversight Committee.
The DOJ requested in its Sunday letter for Archer’s surrender date to be scheduled once his testimony was over. The Sunday letter comes after confusion surrounded the DOJ’s Saturday letter to Archer, which requested the Court set a surrender date for Archer to report to prison, not clarifying whether this date would be before Archer’s testimony. (RELATED: Here Are Five Questions Republicans Could Ask Hunter Biden’s Business Partner Under Oath)
“The Government understands that the defendant is scheduled to provide testimony to Congress tomorrow, July 31, 2023. To be clear, the Government does not request (and has never requested) that the defendant surrender before his Congressional testimony,” the Sunday letter reads.
“Nonetheless, for the avoidance of all doubt, the Government requests that any surrender date, should the Court order one, be scheduled to occur after the defendant’s Congressional testimony is completed,” the letter adds.
Five Congressional Republicans had threatened subpoenas for the DOJ because of its Saturday letter to Archer about his surrender date.
Republican Kentucky Rep. James Comer, Chair of the House Oversight Committee, told Fox News’ Maria Bartiromo Sunday the Saturday letter was “odd” and constituted “obstruction of justice.”
“It’s odd that it was issued on a Saturday, and it’s odd that it’s right before he’s scheduled to come in to have an opportunity to speak in front of the House Oversight Committee and tell the American people the truth about what really went on with Burisma,” Comer said.
Two IRS whistleblowers have accused DOJ prosecutors of slow-walking and obstructing their investigation into Hunter Biden’s business dealings. The DOJ and Hunter Biden’s plea agreement fell apart after the two parties disagreed about the scope of an immunity provision hidden inside of Hunter Biden’s diversion agreement.
Biden ended up pleading not guilty to two tax misdemeanors and a felony gun charge. U.S. Attorney David Weiss has said the investigation is still ongoing, and he is expected to testify when Congress returns from recess.
Archer is testifying Monday to the House Oversight Committee about Hunter Biden’s business dealings and Joe Biden’s alleged involvement with his son’s ventures. He is apparently Hunter Biden’s former best friend and sat on Ukrainian energy firm Burisma’s board alongside the president’s son.
Archer was sentenced in February 2022 to a year and a day in prison for defrauding a Native American tribal group and investment clients as part of a bond issuance scheme. He was ordered to pay $15 million and forfeit over $43 million in restitution for the scheme.
Archer’s appeal was rejected in June after a federal appeals court reversed his request for a new trial, the New York Post reported. He will spend a year of supervised release when his prison term concludes.