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originally posted by: Arnie123
Some info from a guy off Twitter about the Hunter plea deal that collapsed...
Based on conversations with people who were in the courtroom today, and my experience as a former federal prosecutor, I think I know the full story of what happened with the Hunter Biden plea agreement blow-up this morning.
Bear with me, because this is a little complicated:
Typically, if the Government is offering to a defendant that it will either drop charges or decline to bring new charges in return for the defendant's guilty plea, the plea is structured under Federal Rule of Criminal Procedure 11(c)(1)(A). An agreement not to prosecute Hunter for FARA violations or other crimes in return for his pleading guilty to the tax misdemeanors, for example, would usually be a (c)(1)(A) plea. This is open, transparent, subject to judicial approval, etc.
In Hunter's case, according to what folks in the courtroom have told me, Hunter's plea was structured under Federal Rule of Criminal Procedure 11(c)(1)(B), which is usually just a plea in return for a joint sentencing recommendation only, and contained no information on its face about other potential charges, and contained no clear agreement by DOJ to forego prosecution of other charges.
Instead, DOJ and Hunter's lawyers effectively hid that part of the agreement in what was publicly described as a pretrial diversion agreement relating to a § 922(g)(3) gun charge against Hunter for being a drug user in possession of a firearm.
That pretrial diversion agreement as written was actually MUCH broader than just the gun charge. If Hunter were to complete probation, the pretrial diversion agreement prevented DOJ from ever bringing charges against Hunter for any crimes relating to the offense conduct discussed in the plea agreement, which was purposely written to include his foreign influence peddling operations in China and elsewhere.
So they put the facts in the plea agreement, but put their non-prosecution agreement in the pretrial diversion agreement, effectively hiding the full scope of what DOJ was offering and Hunter was obtaining through these proceedings. Hunter's upside from this deal was vast immunity from further prosecution if he finished a couple years of probation, and the public wouldn't be any the wiser because none of this was clearly stated on the face of the plea agreement, as would normally be the case.
Judge Noreika smelled a rat. She understood that the lawyers were trying to paint her into a corner and hide the ball. Instead, she backed DOJ and Hunter's lawyers into a corner by pulling all the details out into the open and then indicating that she wasn't going to approve a deal as broad as what she had discovered.
DOJ, attempting to save face and save its case, then stated on the record that the investigation into Hunter was ongoing and that Hunter remained susceptible to prosecution under FARA. Hunter's lawyers exploded. They clearly believed that FARA was covered under the deal, because as written, the pretrial diversion agreement language was broad enough to cover it. They blew up the deal, Hunter pled not guilty, and that's the current state of play.
And so here we are. Hunter's lawyers and DOJ are going to go off and try to pull together a new set of agreements, likely narrower, to satisfy Judge Noreika. Fortunately, I doubt if FARA or any charges related to Hunter's foreign influence peddling will be included, which leaves open the possibility of further investigations leading to further prosecutions.
originally posted by: face23785
originally posted by: asabuvsobelow
a reply to: face23785
The judge said this isn't normal. She's never seen anything like this before. DOJ bent over backwards to treat this guy with kid gloves because of who he is. You all want criminal justice reform to correct things just like this, where a rich white elitist gets away with # that would have a working class man in prison.
It is honestly strange how willing the DOJ , Media and Certain ATS members are to just throw their hand on a blade for this guy .
I get it yes he is Biden's son so the Left must protect him but it comes to a point when you've gotta ask yourself is he worth it ? I mean what does this guy Hunter bring to the Table ? Does he have a Promising political future ? Is their a possible Presidential bid in the future ? Are his painting the stuff of Davinci himself.....
I thought from the get go when the Laptop surfaced " That's it they are gonna suicide this Kid " but yet here the Left remains playing damage control.
I don't think it's that complicated.
They're just used to getting away with it. Over half the population is thoroughly brainwashed. It's glaringly obvious Biden is corrupt and compromised and they'll still vote for him.
Why wouldn't DOJ ignore the Constitution and protect the Bidens? What are the consequences gonna be? They've already been exposed and we still do nothing.
Source: thehill.com...
The federal judge overseeing Hunter Biden’s federal criminal case on Friday ordered attorneys to raise issues with her chambers, not the court clerk, after bizarre accusations of impersonation.
U.S. District Judge Maryellen Noreika earlier in the week threatened sanctions, accusing an employee at a law firm representing Biden of apparently misrepresenting their identity to the clerk’s office during a phone call.