Republicans demand yet more information on Hunter Biden plea deal

Republicans hope to use controversies related to the plea deal to damage President Joe Biden’s re-election prospects

A trio of Republican House committee chairs is demanding information from the Department of Justice on the pending plea and diversion agreements between prosecutors and Hunter Biden as part of their ongoing effort to inflict political damage on his father, President Joe Biden.

In a letter to US Attorney General Merrick Garland, House Judiciary Committee Chair Jim Jordan, Oversight Committee Chair James Comer, and Ways and Means Committee Chair Jason Smith said the decision by Delaware US Attorney David Weiss to allow Hunter Biden to plead guilty to two misdemeanour tax charges and enter into a deferred sentencing agreement on a single charge of lying on a gun background check form “raise serious concerns ... that the Department has provided preferential treatment toward Mr. Biden in the course of its investigation and proposed resolution of his alleged criminal conduct”.

Mr Biden, who is President Biden’s youngest and only surviving son, has admitted to what have been well-documented struggles with alcohol and drugs, and during an aborted plea hearing last week said he’d been in and out of rehabilitation facilities on numerous occasions over the last few decades.

During that court appearance, US District Judge Maryellen Noreika objected to a provision of the diversion agreement which stated that she — not prosecutors — would be responsible for determining whether Mr Biden might have breached the agreement’s terms, which would necessitate new criminal charges.

The judge said the provision in question was “not standard” and “different from what I normally see” and suggested it violates the separation of powers in the US Constitution because it would put the judicial branch in the position of making a charging decision that is an executive branch function.

Legal experts have opined that the provision at issue was an attempt by the department to protect Mr Biden from a situation in which a future Republican administration would manufacture charges against him. The current GOP frontrunner for the party’s 2024 presidential nomination, Donald Trump, has repeatedly pledged to jail Mr Biden, his father, and numerous other prominent Democrats.

The GOP representatives asked Mr Garland to provide them with data on how often, if at all, the Delaware US Attorney’s office and the Justice Department have included similar provisions in diversion agreements.

They also demanded information on who — prosecutors or Mr Biden’s defence attorneys — suggested that the agreement should place a final decision on new charges in a judge’s hands, and asked Mr Garland to provide a list of pretrial division agreements for other defendants who’ve been charged with the same gun-related offence as Mr Biden, as well as “all documents and communications referring or relating to each similar pretrial diversion agreement entered into by the Department in the last ten years”.

Additionally, the committee chairs asked Mr Garland to provide a “generalized description of the nature of the Department’s ongoing investigation” into Mr Biden and an “explanation of why the Department originally agreed to a plea agreement” with Mr Biden if there are ongoing probes into him.

It is unlikely that Mr Garland will provide any response that satisfies the GOP representatives, as the Justice Department’s policy for decades has been to not comment on ongoing investigations, even in response to congressional inquiries.