While Weiss Pinky Swears He’ll Indict Soon, Hunter Biden Claims Cushy Gun Deal Still Grants ImmunityWhile David Weiss promised to indict Hunter Biden, that he hasn’t already suggests Special Counsel Weiss will be just as soft as U.S. Attorney Weiss.BY: MARGOT CLEVELAND
SEPTEMBER 07, 2023
Now-Special Counsel David Weiss assured a Delaware federal court on Wednesday that an indictment against Hunter Biden would be forthcoming by month’s end. Meanwhile, Hunter Biden’s attorney told the same federal court his client continues to abide by the terms of a pretrial diversion agreement, representing that agreement as a done deal and the gun case over.
The dueling status reports filed late Wednesday follow presiding Judge Maryellen Noreika’s order last week directing the parties to provide her with an update on the case following the implosion of the plea agreement.
The plea deal between Delaware U.S. Attorney Weiss and Hunter Biden collapsed soon after the July 26, 2023, hearing at which Noreika questioned the parties on the interaction between the plea agreement on the two misdemeanor tax counts and a separate pretrial diversion agreement designed to resolve a separate felony gun offense. The judge was particularly concerned that the pretrial diversion agreement included a provision granting wide-ranging immunity to Hunter Biden, far beyond the gun charge, and ordered the parties to provide supplemental briefing on a variety of issues.
After Noreika continued the hearing, according to documents filed by Weiss in federal court, the parties “reached an impasse,” leaving the government to believe the case could not be resolved short of trial. Because “venue,” meaning the proper location for a trial, for the tax cases did not lie in Delaware but rather Washington, D.C., or the central district of California, Weiss moved to dismiss those charges against Hunter Biden “without prejudice,” so he could refile them later in the proper jurisdiction. Weiss also sought and obtained special counsel status from Attorney General Merrick Garland and permission to file charges in other jurisdictions.
Conversely, because Delaware was the proper venue for the gun charge, Weiss did not dismiss that charge. It remains pending before Judge Noreika, albeit on “information” and not an indictment.
While the federal government can charge a crime by information with a defendant’s consent, Hunter Biden’s agreement to waive his constitutional right to indictment by a grand jury was contained in the pretrial diversion agreement, and the government maintains that agreement is not valid. So if it is not valid, as the government maintains, then neither was Hunter’s waiver. Accordingly, to prosecute Hunter Biden on the gun felony, Special Counsel Weiss must obtain a grand jury indictment against the president’s son.
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Source:
https://thefederalist.com/2023/09/07/while-weiss-pinky-swears-hell-indict-soon-hunter-biden-claims-cushy-gun-deal-still-grants-immunity/
