Hunter Biden likely would never have been brought to trial on felony gun charges without IRS whistleblowers coming forward and careful questions from an observant federal judge.
Hunter Biden was convicted on three felony gun charges Tuesday in Delaware and is set to go to trial in September on felony tax charges. After years of avoiding charges entirely, special counsel David Weiss was forced to bring Hunter Biden’s case to trial after his “sweetheart” plea deal, which would have had Biden plead guilty to two misdemeanors and enter a diversion agreement to avoid jail time for a felony gun charge, fell apart last July under questioning by U.S. District Court Judge Maryellen Noreika.
Hunter Biden began negotiating his plea deal in May 2023, shortly after IRS whistleblower Gary Shapley first came forward in April by sending a letter to Congress, not yet identifying himself but expressing his intention to expose the Hunter Biden investigation.
Shapley accused DOJ prosecutors of “slow-walking” the investigation and providing Hunter Biden with “preferential treatment” in testimony before the House Ways and Means Committee on May 26. (RELATED: Hunter Biden’s Conviction May Have Just Teed Up Next Major SCOTUS Second Amendment Battle)
Weiss removed Shapley, along with Joseph Ziegler, the other whistleblower who came forward, from the investigation last May.
🚨🚨 Whether you think the gun charge conviction today is just a red herring or not, just remember that none of the government’s shenanigans would have been exposed were it not for IRS whistleblowers Gary Shapley and Joseph Ziegler.
Before their disclosures, Biden appointees had…
— Tristan Leavitt (@tristanleavitt) June 11, 2024
The plea deal was announced June 20, 2023, just two days before the Ways and Means Committee released the testimony of both whistleblowers.
Former federal prosecutor Andrew McCarthy noted Wednesday that the plea deal’s dramatic collapse makes it “easy to forget” Weiss tried making the case go away entirely until the whistleblowers made it “politically impossible.”
“During the first three years of the Biden administration, Weiss spent most of the time sitting on his hands as the statute of limitations chewed up the Biden investigation,” McCarthy wrote for the National Review. “Especially egregious was his willful failure to move on tax offenses (and potentially other offenses) based on Hunter’s peddling of his father’s political influence during the last years of the Obama administration, when the elder Biden was vice president (e.g., Hunter’s raking in millions from the corrupt Ukrainian energy company, Burisma, while dad pressured Kyiv to fire the prosecutor who was investigating Burisma).”
“Because of Weiss, those crimes can no longer be prosecuted (which is why they are not in the tax indictment Weiss finally brought after his effort to tank the case entirely failed),” he continued.
Even after whistleblowers exposed the investigation, the plea deal seemed designed to protect Hunter Biden. (RELATED: ‘Incompetence Or Corruption’: Legal Experts Explain What Judge’s Refusal To Accept Hunter Biden Plea Deal Reveals)
Noreika, who oversaw his gun charges trial, highlighted this when she probed the scope of a sweeping immunity provision included in the diversion agreement.
The provision stated Hunter Biden would not be criminally prosecuted for any crimes encompassed by the statement of facts in his plea deal, which listed the millions of dollars he raked in through overseas business dealings in China, Ukraine and Romania.
“So let me first ask, do you have any precedent for agreeing not to prosecute crimes that have nothing to do with the case or the charges being diverted?” Noreika asked DOJ prosecutor Leo Wise during the July hearing.
“I’m not aware of any, your Honor,” Wise replied.
When prosecutors and defense attorneys disputed in court whether there could be future charges brought against Hunter Biden under the Foreign Agents Registration Act (FARA), the deal crumbled and he changed his plea to not guilty.
Hunter Biden’s California trial on federal tax charges is slated to move forward in September.
He was indicted in December on nine charges relating to his alleged failure to pay over $1.4 million in taxes over a four-year period. At the same time, he was pouring millions into expenses like “drugs, escorts and girlfriends, luxury hotels and rental properties, exotic cars, clothing, and other items of a personal nature, in short, everything but his taxes,” according to the indictment.
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