Court orders seek Hunter Biden’s DOJ case records ahead of Wednesday plea deal.
The Heritage Foundation Seeks Emergency Relief for Documents Ahead of Hunter Biden’s Plea Hearing
The Heritage Foundation is urgently seeking emergency relief from an appellate court to obtain a specific set of documents related to U.S. Attorney David Weiss and his “special counsel status“ from the Department of Justice. These documents are crucial as they pertain to Hunter Biden’s upcoming plea hearing next week.
“They go directly to resolving contradictions between the Attorney General, a U.S. Attorney, and Whistleblowers over the conduct of the investigation of Robert Hunter Biden,” Heritage wrote in its motion, adding that the communications would lose “substantial value” if received after Wednesday’s plea hearing.
The conservative group has requested the court to enforce a Freedom of Information Act (FOIA) request from the DOJ, specifically asking for all communications that “reflect, memorialize, or explain any decision on a request for regulatory or statutory Special Counsel Status” made by Weiss, who is the lead prosecutor in the case against President Joe Biden’s son.
This request comes after two IRS criminal investigators testified to Congress, revealing that Weiss had sought special counsel status in the investigation but was denied. These investigators, who had been working on the Hunter Biden case for years, also stated that Weiss was prevented from bringing charges against Hunter Biden in California and Washington, D.C., before filing charges in Delaware.
Weiss, however, testified before Congress in early June, asserting that he had “ultimate authority” over the case. He later mentioned that although he was “geographically limited” to Delaware, he had been informed that he could request “special attorney” status from Attorney General Merrick Garland to bring charges in an outside jurisdiction if necessary.
The Heritage Foundation’s appeal follows U.S. District Judge Dabney Friedrich’s denial of their initial request for a broader set of documents. This broader request included all communications from Weiss’s office regarding “special counsel status” and any communications his office may have had with other U.S. attorneys’ offices that had the jurisdiction to bring charges against Hunter Biden.
The Department of Justice opposed this request, citing the extensive number of records that needed to be reviewed. They stated that they had over 2,500 “potentially responsive records” that met Heritage’s criteria, as well as numerous other requests for expedited FOIA processing on U.S. attorney-related matters.
In her order denying Heritage’s initial request, Judge Friedrich determined that the group had not demonstrated the necessary urgency. She emphasized that the public debate surrounding Hunter Biden’s actions and his criminal prosecution, including any involvement by the President of the United States, would continue beyond the plea hearing date.
Mike Howell, a director at Heritage overseeing the case, emphasized that the group is seeking these documents for the sake of transparency. He stated, “The country deserves to see whether Weiss had the independence that Garland said he did.” Howell also mentioned that the group plans to file an amicus brief before Hunter Biden’s hearing next week to discourage Weiss from proceeding with it.
In response to Heritage’s new request for emergency relief, the D.C. Circuit Court of Appeals has asked the DOJ to file its response by Sunday evening.
Hunter Biden’s Plea Deal and Charges
Hunter Biden is scheduled to enter a plea deal in court on Wednesday with U.S. Attorney David Weiss. The terms of the deal include Hunter Biden pleading guilty to two misdemeanor tax charges and entering a pretrial diversion agreement for a felony gun charge.
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