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Hunter and Joe Biden thought they had it all worked out. They believed they were on easy street, when all of a sudden, a Trump-appointed judge said “not today” and blew up all their plans… and what a plan it was. After everything came out in the wash, it looks like the DC prosecutor tried to “game the system” on behalf of America’s most notorious crackhead. However, thanks to Judge Maryellen Noreika, Hunter’s “sweet deal” has been put on hold. For now.

CNN:

A plea deal between Hunter Biden and the Justice Department over tax charges is on hold after a federal judge said in a court hearing Wednesday that she was not ready to accept a revised agreement between both parties.

Hunter Biden failed to pay between $1.1 million and $1.5 million in federal taxes before the legal deadlines and was poised to plead guilty to two tax charges with prosecutors agreeing to recommend a sentence of probation.

But before the original plea could be entered, the deal began to unravel and a revised agreement reached during the hearing was not accepted by the judge.

If you’re just reading in now, here’s what you missed from Hunter Biden’s dramatic day in court:

Two sides unsuccessfully tried to save the deal: As the plea deal began to unravel Wednesday the two sides convened to try to reach an agreement. After negotiations, Biden then agreed to plead guilty to the two tax charges in a deal that only includes conduct related to tax offenses, drug use and gun possession. The two sides agreed that this deal does not shield him from potential future charges. But the judge wasn’t satisfied. “What if it is unconstitutional?” District Judge Maryellen Noreika asked. “I’m trying to exercise due deliverance and consideration to make sure we don’t make a misstep.”
Judge: “I cannot accept the plea agreement today”: Noreika said she had “concerns” about the parties seemingly linking the tax plea agreement to resolving a felony gun charge. During the proceedings, prosecutors confirmed that the investigation into Biden was ongoing.

Jennifer Larr, a writer for Red State, delved into this matter and was able to piece together the scheme she claims Weiss was in on, trying to “game the system” for Hunter.

Larr:

I’ve been reading the official transcript of Hunter Biden’s hearing today (110 pgs) and not all the way through but something that strikes me so far: US Atty Weiss’ office was really trying to game the system bc they hid the agreement to not charge various things related to the tax case in the Diversion Agreement, which covers the gun charges, instead of in the Memorandum of Plea bc that changes the TYPE of plea it is under the FRCP and the role of the judge. The judge and her staff could not find another case in which a plea agreement was done that way

She asks if she can reject the plea on grounds it contains an agmt to not charge she doesn’t fully understand, after basically getting Wise to admit they don’t want her to have latitude on whether to accept the plea or not “in the interest of justice.” They want her hands tied, but w/o giving full info

She calls it out, though… after getting Wise to admit there is an ongoing investigation, but he says he’s not in a position to say why they’re doing it piecemeal. More later

Holy shit. Wise tries to “used car salesman” the judge. From what I’ve read so far he should be facing some ethics inquiries

And again, holy shit. After Clark implies that charges came after a “full” 5-yr investigation, he gives up the plot w/Weiss’ office: Give the judge a type of Plea Agreement she can’t reject, and then bury the immunity in the Diversion Agreement and tell the judge she also has to accept that. “I mean, the original conception here was something like a deferred prosecution — non-prosecution agreement, which generally the Court doesn’t necessarily weigh in on” then tells her they don’t want her to rule on the Diversion Agreement, that probation has accepted it and she arraigned Hunter on it, so too bad, so sad.

Judge basically says, uh-uh, f’k you, we’re gonna talk about the Diversion Agreement, bc you took things that would normally be in the Plea Agreement and put them into the Diversion Agreement, and you’re trying to say I can’t accept/reject, I have to just rubber stamp it

Holy gaslighting, Batman! THE COURT: …You reference the Diversion Agreement in the Plea Agreement. MR. WISE: Not in the Plea Agreement. THE COURT: You do. I asked you if paragraph 5B referred to the Diversion Agreement and you said yes. MR. WISE: Only insofar as it’s not relevant conduct. THE COURT: You reference it in the Plea Agreement, right? MR. WISE: But it doesn’t incorporate it. THE COURT: And in the Diversion Agreement, you reference the Memorandum of Plea Agreement, right MR. WISE: Only part of it.

Every time I kinda miss my former career as a court reporter, I read exchanges like this and my BP spikes and… I suppose investigative journalism is better (The judge is referring to the Diversion Agreement)
This is kinda hilarious, though. Wise trips over his words so badly, he almost makes KJP look good. He almost admits that the only function of Hunter Biden’s Diversion Agreement is to hide the non-prosecution agreement in the tax case (which, we’ll get to soon, specifically references lots of foreign companies) then admits that “it has no function but the parties negotiated that — their view…that the firearms offense should not be considered relevant conduct for calculating [sentencing] the guidelines related to the tax offense” BOOM! Do you see what he did there?

I’m still laughing… this judge is awesome. She didn’t even let on that she caught what slipped out of his mouth. He rambled on about this was really a contract btwn Hunter and the DOJ and should Hunter ever again find himself on the wrong end of an indictment, well, he could move to have charges dismissed. Wouldn’t we all like to have that? At least one problem is venue… small detail. Judge will allow counsel to keep walking down the path, though.

Well, if there’s a contract, there has to be a meeting of the minds, right? I mean, Hunter has attorneys from THREE high-priced law firms for two misdos and 1 felony. Surely they have a meeting of the minds. NOPE

Wise says that in his understanding, under the Diversion Agreement DOJ cannot bring tax evasion charges against Hunter for the years ref’d in the factual statement, or firearms charges based on the ONE firearm identified in that factual basis. (Does Hunter even have that anymore? I can’t remember.) Judge references foreign companies mentioned in facts section. Could they charge FARA? Yes, Wise says. Clark says, whoa, hey, hey, whatcha talkin’ about? Also, how does this address venue? Some of the years mentioned Hunter lived in CA. Do they need Martin Estrada’s sign-off? Or is that just to prosecute?

Jennifer ends her thread by reminding everyone that  there’s more than a decent possibility that this build-up to the “then there’s no deal!” crescendo was role playing by Wise and Clark, that the deal needed to be scuttled due to everything that was revealed since the plea was announced, but Weiss’ office needed to save face.

Fox News contributor Sol Wisenberg also chimed in and had this to say about the sweet deal cleverly concocted for Hunter Biden and why everything was so hush-hush from the get-go. They really didn’t want the American people to see what was really going on, and they almost got away with it.

This just in: The judge won’t accept the proposed plea deal at least for now.

Some thoughts: Now we know why DOJ didn’t show us the plea agreement terms. What didn’t they want us to know ahead of time? A) a global immunity deal for Hunter; B) A binding plea (that is, the judge must accept the specific terms if she accepts the agreement); C) Misdemeanor probation; D) Other unusual plea terms.

1. A global immunity deal for Hunter while the overall investigation is “ongoing”, is stunning—a super-sweetheart deal.

2. A binding plea is extremely unusual in the vast majority of federal jurisdictions. It means for example, that if the agreement calls for probation the judge must give Hunter probation. It is binding.

3. That the prosecution and defense would disagree about the terms of the agreement in open court is a joke. Ambiguous terms in a plea agreements are construed against the government! There should be no room for disagreement on the key terms of the agreement. So, this was either astounding incompetence or corruption on DOJ’s part. I think it is corruption. This looks like a wink and a nod deal (as @shipwreckedcrew has noted) where DOJ would have plausible deniability if the judge asked no questions and accepted the deal. The scope of immunity is the most important feature of a plea deal. It is inconceivable that the prosecutors were incompetent here. Leo Wise has an excellent reputation for competence.

4. Think about this. DOJ was about to sanction a plea deal where Hunter would get misdemeanor probation on serious tax charges plus pretrial diversion (no time served or criminal record) on the felony gun charge. Hunter would also get complete immunity on all other charges. And he would not have to cooperate with the government’s ongoing investigation. Totally disgraceful. Merrick Garland and David Weiss should be ashamed. And where is Lisa Monaco? Why hasn’t she been called to testify?

This story is truly incredible, and the way it unfolded is even more stunning. The DOJ and the DC prosecution’s main goal was not only to weasel Hunter out of the tax and gun crimes discovered thanks in part to his “laptop from hell,” but also to shield him from upcoming crimes involving him and his father’s (alleged) criminal enterprise.

This is another situation where we can thank our lucky stars that President Trump appointed a fair judge that couldn’t be bought or blackmailed.

The biggest question now has been, where’s the actual plea agreement, so the American people can see the “sweetheart deal” Biden’s DOJ planned for Hunter? Well, according to Sol, here it is in summary:

We now have the plea papers, no thanks to the government, and here is a very short version of what they say.

1. Under the Plea Agreement there is a probation recommendation from the government on the tax counts, even though Hunter’s misdemeanor Guidelines range calls for at least 24-30 months and even though he was going to be charged with felony tax evasion until Biden’s DOJ nixed it. The probation recommendation is NOT binding on the Court, but any sentence she imposes on a misdemeanor tax count will be capped at one year per each count. So, the judge could have accepted the Plea Agreement and still sentenced Hunter to 2 years, despite the government’s probation recommendation..

2. Then there was a Pre-trial Diversion Agreement (no jail time and no permanent record) on the felony gun charge.

3. Finally, and most importantly, a broad immunity provision (arguably covering every crime Hunter may have committed during the relevant time frame) was hidden in Paragraph 15 of the the Pre-Trial Diversion Agreement and this was done by the parties in order that the judge could not accept or reject the broad immunity portion of the overall deal. Totally unprecedented. That’s what appropriately set the judge off. She thought it should have been included in the Plea Agreement, rather than hidden in the Diversion Agreement. By the way, the transcript shows that the judge didn’t even see the key paragraph until shortly before the hearing. http:/

5.Now the parties can try to hammer out an honest deal.

6.If they do, I think the judge will accept it, even though it is a sweetheart deal for Hunter.

Based on everything, it seems like the judge, just like the rest of us, was being manipulated by both sides — if there’s even a clear distinction between the two sides. They seem to be on the same “Save Hunter” team.

And speaking of “saving” Hunter, one astute Twitter user named Stephen McIntyre noticed something about this case and how it resembled another case involving the Biden’s back in 2017.

We’re not sure about the final outcome and whether Hunter will get what’s coming to him, but we can take solace in the fact that a scheme to let him go completely unpunished was thwarted thanks to President Trump and the judge he appointed.

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