Politics

House Investigators Demand Hunter Biden’s Legal Team Hand Over Communications With DOJ About Failed Plea Deal

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James Lynch Investigative Reporter
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The House Ways and Means, Oversight and Judiciary Committees are demanding Hunter Biden’s legal team provide communications with the Department of Justice (DOJ) related to Hunter Biden’s plea deal that ultimately fell apart.

House investigators wrote a letter Wednesday to Hunter Biden’s attorney, Abbe Lowell, and former attorney Christopher J. Clark for documents and communications which DOJ investigators referenced in New York Times and Politico stories detailing how Biden’s plea agreement and diversion agreement fell apart. (RELATED: Joe Biden’s Office Colluded With Hunter’s Business Associate On Burisma Inquiries, House Oversight Says)

“Given that these disclosures have been made to two media outlets and this information has been widely publicized, no basis exists to withhold these documents and communications from the Committees, including on the basis of any purported duty of confidentiality, work product, or other privilege interest,” the letter reads.

Politico and The New York Times reported on previously undisclosed communications between Biden’s attorneys and the DOJ, including the DOJ’s apparent original plans for Biden not to plead guilty and threats by Hunter Biden’s attorneys to have Joe Biden testify if his felony gun charge went to trial.

Hunter Biden’s plea deal fell apart on July 26 when Delaware U.S. District Judge Maryellen Noreika scrutinized an immunity provision in his diversion agreement, resulting in a dispute between Clark and DOJ special attorney Leo Wise, who said Biden could still be charged under the Foreign Agents Registration Act (FARA) for his foreign business dealings under the immunity clause.

Hunter Biden ended up pleading not guilty to two tax misdemeanors and the diversion agreement for his felony gun charge was not implemented. Clark withdrew from Biden’s case in August because of his role in the negotiations over Biden’s failed plea agreement.

The committees are investigating testimony from Internal Revenue Service (IRS) whistleblowers Gary Shapley and Joseph Zeigler about how the DOJ allegedly gave Hunter Biden special treatment and slow-walked the investigation into his taxes. Delaware U.S. Attorney David Weiss, the lead prosecutor on the Hunter Biden case, was named special counsel in August by Attorney General Merrick Garland.

Weiss withdrew Biden’s two tax misdemeanors to potentially charge him in D.C. or the Central District of California and the DOJ indicated Wednesday it is seeking an indictment for Biden’s gun charge. Biden’s lawyers countered and insisted he is following the terms of the diversion agreement, which the DOJ said was not implemented in an August court filing.

Lowell and Clark did not respond to requests for comment by the time of publication.