Sol Wisenberg
@WisenbergSol
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Fox News Contributor. White Collar Criminal Defense Attorney. Former Deputy Independent Counsel.
America is my Beat
Joined September 2022
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Again from NYT's Glenn Thrush reporting from the courtroom: "From the start, the judge seemed highly skeptical of the unusual deal — which offered Hunter Biden broad immunity from prosecution in perpetuity, questioning why it had been filed under a provision that gave her no
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It seems clear from the reporting of courtroom events that the plea deal is "binding" on the court (the court must accept the terms if she accepts the agreement) and that Hunter is being given broad immunity beyond the tax and gun offenses. In other words it appears to be a
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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
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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
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The Hunter Biden plea deal was announced on June 20. It is now July 26 and we have yet to see the actual written plea agreement. This is an outrage in a case of this public magnitude. The plea agreement should have been filed as part of the court record back in June. I can think
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FOIA my ass.The terms were discussed in open court for hours. Every press outlet in the country should be demanding to see the plea agreement.
@shipwreckedcrew
Do we get to see the now-rejected plea deal? If it hasn't been filed, can FOIA be used to get it? Can Congress get it?
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Here is a rather obvious truth about the Hur Report that a friend and former high-level DOJ official pointed out to me. I'm embarrassed I didn't think of it myself:
"There is zero chance that Joe Biden would ever authorize his attorneys to defend him as a nice old man with an
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NYTimes Reporter Glenn Thrush reporting from the courtroom: Hunter Biden’s lawyers repeatedly cast the deal as the final chapter of the five-year inquiry into the president's son. But Judge Noreika quickly punctured that assertion when she asked a prosecutor, Leo Wise, if the
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In case you haven’t figured it out yet, this is a tell. Weiss is a weasel. The fix was in.
Apparently our Founders fought for the freedom of the Biden’s to be bribed without consequence as in celebration of the Independence Day, Weiss gives us this Friday news dump. 1/
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No. The notable detail is that Delaware U.S. Attorney Weiss told a roomful of IRS and FBI special agents on 10-7-22, "that he is not the deciding person on whether charges are filed." This was and is totally inconsistent with Garland's public comments, and with Weiss's
The notable detail is NOT the Special Counsel request.
The notable detail is that Weiss had been assured he could get Special Attorney authority BEFORE the October 7, 2022, debunking really the ONLY claim Gary Shapley has made about Merrick Garland.
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Don't lose sight of this. The 2 IRS Whistleblowers are top agents, highly respected, in an elite unit. They are not political or right wing. The crux of their testimony? In multiple instances, standard investigative procedures and tools were not allowed. Permissions were denied.
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Of all the allegations made by IRS Whistleblower Gary Shapley, the SSA on the Hunter Biden Investigation, perhaps the most stunning is that Garland and Weiss led their case agents to believe, from March 2022 through 10-7-22, that charges in DC were still viable. This wasn't true.
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I think someone at the DOJ is more likely to get a commendation, perhaps a Director's Award, in a quiet ceremony, near the tail end of the Biden Administration.
Someone at the DOJ will get fired for trying to sneak this Non-prosecution agreement past the Judge, the only question now is how senior will the sacrificial lamb be to save Garland/Biden.
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Protecting the Bidens
"If the IRS whistleblowers presented a shocking portrait of a DOJ doing everything possible to protect Hunter Biden and his father, the sham plea agreement suggests that they didn’t know the half of it."
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Ship's interpretation is plausible. But things still may have been swept under the rug had the judge not asked the right questions.
The outcome of the Biden plea hearing is a cover story.
There is NO WAY that the two sides didn't discuss before today whether this was a "Global Plea" or not.
The idea that Hunter's team only learned today that other charges are still possible is idiotic.
One of two things
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The word of the day is ouroboric, from yesterday's Order and Opinion by U.S. District Judge Scarsi rejecting Hunter Biden's argument that he has already been granted immunity by his Delaware Diversion Agreement: "The Court resists Defendant’s ouroboric theory that the Probation
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I'll be on
@IngrahamAngle
tonight at 7:00 PM Eastern Time discussing the plea papers from Hunter Biden's unorthodox, hide-the-ball plea/diversion deal that blew up in the parties' faces yesterday. Square shooters don't have to operate this way. A shameful chapter in DOJ's
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Here's the answer. Weiss can't file outside DE, under normal rules, w/o approval from DOJ Tax Div. If DOJ Tax approves but the DC U.S. Atty refuses, Weiss just needs a letter from Garland or the AAG in charge of Tax designating Weiss as counsel authorized to file charges in DC.
I've asked others with experience if I'm wrong about this and no one seems to have a definitive answer. All held the same assumption I held - DOJ sections can do what they want. They don't need USAO approval to charge.
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Quite stunning. Shades of the original alleged Lewinsky plea deal, where two of our prosecutors exceeded their authority. Judge Starr nipped it in the bud. The difference here is that Weiss accepted the deal and the plea papers were brought to court and presented to the judge.
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Thanks, Ship! Very nice of you to post. If I had my way you would have your own regular show!
I encourage all my followers to make sure you follow Sol Wisenberg --
@WisenbergSol
-- a great conservative lawyer down in Texas and the top Deputy to Ken Starr during the Whitewater Investigation.
Sol lost his X account when he was inactive for too long while in trial last
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It's pretty simple. If Garland, as he claims. gave Weiss "complete authority" to bring a case against Hunter and "more authority" than even a Special Counsel, where is the written proof? Where is the letter from the AG designating Weiss as a special attorney under 28 USC 515(a)?
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The prosecution was a party to the deal. It did not reject the deal.
@WisenbergSol
@JsnFostr
The Judge and the prosecution rejected the broad terms of the deal. The prosecutor stated that it is an ongoing investigation. The judge excoriated the defense teams broad interpretation of the so called "Global immunity" of the deal...? We'll see soon enough...
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She did her job. Hunter’s lawyers are purportedly furious at her. She stopped the sausage-making just as the casing was about to be put on.
Yesterday MSNBC pundits criticized Judge Noreika for making sure the deft's plea was knowing, voluntary and intelligent by pointing out the gap between the defense and govt understanding.
That's the judge's job, even if it blew up your favorite son's plea deal.
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I will be on
@IngrahamAngle
at around 7PM Eastern Time tonight discussing the Hunter Biden Plea Deal blowup.
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Why would I want to whine Ben? A sleazy, corrupt bargain was exposed to the public.
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Uh.......No. Look for them to start attacking the judge.
@WisenbergSol
You think MessNBC/CNN will be honest in their reporting on this very significant development re the Biden catastrophe ?
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I think you are right. Certainly a significant portion of the Statement of Facts is defense-oriented. This is not normal.
Something noteworthy about the Hunter Biden plea agreement on the tax charges.
IMO, no way the prosecutors wrote the Statement of Facts. That was written by defense counsel because there is a purpose behind it, and it's written in a style that I have NEVER seen come from a
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Are you serious? He devised and orchestrated the Watergate coverup, suborned perjury, facilitated hush money payments, etc. Yes, he became a cooperator and largely told the truth once he knew that Earl Silbert had the goods on him and that his goose was cooked. Read and re-read
🔥🔥🔥
🧵
American hero/truth teller/historian. I watched his compelling Watergate testimony live as a kid. He helped remove a corrupt POTUS. Read & re-read "Blind Ambition" for its insights on those who are close to power. I am honored (& amazed) that we are mutual followers.
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But Ship, doesn’t Paragraph 15 of the Diversion Agreement encompass the factual basis in the plea agreement “filed this same day”? And that agreement was not filed because the judge didn’t accept it. I would argue that the condition of a contemporaneous filing was material.
There is an argument that can be made that the dirty deed is already done.
The Diversion Agreement is not a judicial document. It is an agreement between DOJ and Hunter, and it was signed yesterday. It does not require Court approval or filing to be effective.
Nothing in it
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This is NOT suggested reading. It is Required reading.
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I wholeheartedly agree with Andy's analysis. The first person I heard point this out, almost immediately after the plea hearing debacle, was
@McAdooGordon
. The failure to anticipate Judge Noreika's questions (which any diligent judge would have asked), and to coach their client
How Hunter Biden’s Lawyers Snatched Defeat from the Jaws of Victory - my weekend
@NRO
column ...
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Chris Swecker and Kevin Brock were among the best of the best at the FBI. Take heed, America.
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He’s the real deal, folks.
Some claim it takes "millions" to defend J6 cases.
I've raised $275,000 in just over a year, and probably received something around $125,000 from the clients directly. So, for $400,000 I've made 8 trips to DC, been in 4 trials -- two of which were back-to-back and totaled 10
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The galling Hunter Biden plea scandal is divided into 3 parts. 1) the facts behind the alleged crimes; 2) the compromised investigation; 3) the false post-deal comments by Garland and Weiss. These components obviously intersect and reinforce each other. If Shapley had not come...
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UnbleepingBelievable! What a farce! What an admission! What a scandal!
2/2 and yes, I called it re Weiss’ framing of his authority.
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Again from Glenn Thrush: Federal District Court Judge Maryellen Noreika pointedly asked Leo Wise, a top prosecutor in the case, if the deal meant Hunter Biden would be immune from prosecution for other possible crimes — including violations related to representing foreign
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If I were Merrick Garland I would want to find out which official David Weiss went to at Main Justice seeking Special Counsel status or "special attorney to the Attorney General" status. I would have already been on the horn to Monaco and Weiss trying to find out what happened.
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Fantastic opinion piece by
@KimStrassel
. Every concerned citizen should read it.
How many other presidents/pols have told the public lies and also acted on those lies? Plenty. Under Smith's novel legal theory, they are all felons. via
@WSJopinion
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Did you sleep through the First Amendment lecture in Con Law?
I do not understand why an election campaign for the presidency is receiving special consideration for a person being held responsible for criminal behavior? (For example: Why are others who have been indicted not simply joining the race for president since they too should be
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A retired friend, longtime DOJ person, posits the theory that Weiss went to DAG Lisa Monaco, who didn't report the request to Garland, and told Weiss no. My friend likens her role to that of Poindexter in the Iran-Contra scandal. Poindexter never told RR what Ollie was up to.
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Unfrigging believable.
To those who follow this: Has DOJ ever asked for leniency for a J6 rioter because the rioter felt 'disenfranchised,' got 'caught up in the fury of the mob,' and truly believed that by rioting he was engaging in 'the language of the unheard'?
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I will be on
@IngrahamAngle
at 7 Eastern/6 Central Time tonight discussing the appointment of David Weiss as Special Counsel.
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Should have been dismissed pre-trial by the state district judge. The law was quite clear.
Indicted 2005. Convicted 5 years later 2010. Acquitted on appeal 2013. Aquittal upheld on appeal 2014.
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Having finally obtained and read the plea agreement and the diversion agreement, thanks to
@shipwreckedcrew
, I can report that it is NOT a binding plea. Probation will be recommended by the government, but does not have to be imposed by the court. However, it is a very weird and
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With his magic wand?
A special counsel must be chosen from outside the DOJ. So how did Garland appoint Weiss special counsel?
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Byron York on the E. Jean Carroll lawsuit. Worth a read.
The man who played a key role in the the E Jean Carroll lawsuit is so moved by his handiwork that he wants you to see the CNN appearance in which he discusses how moved he is by his handiwork.
Another view: This is a case that should never have been brought. The original
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I agree. Anything else is political. It is not the SCOTUS’s duty to correct Garland’s failure to appoint a Special Counsel until 11-18-22.
Fact (and Legal) Check: False.
The Supreme Court should grant cert.
Then stay the case until it resolves the issue of presidential immunity.
And decide this novel and weighty constitutional issue through the normal rules, procedures, and timelines.
Otherwise, it's political.
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I'll be on
@IngrahamAngle
tonight discussing the transcribed statements of the IRS whistleblowers in the Hunter Biden Investigation. Bottom Line: This was a politically compromised investigation. Somebody is lying. And it ain't the whistleblowers.
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I know there are more important things going on in the world right now, but I heard this today from a reliable source and thought I would share. Many if not most FBI offices now have Emotional Support Animals. One such office has a support Alpaca.
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Hard to imagine a more pretentious and intellectually dishonest post than this. The constituional outcome you seek is so “simple” and “obvious” that several courts have come to differing conclusions, several respected constitutional scholars have come to opposing interpretations,
1/10. I am concerned that the Supreme Court, in ruling on Trump's eligibility for office, will make itself ridiculous.
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Today's docket sheet entry on the felony gun charge: "Minute Entry for proceedings held before Judge Maryellen Noreika - Initial Appearance as to Robert Hunter Biden on (1) Count 1 held on 7/26/2023., Defendant was present with counsel. The Court advised Defendant of rights and
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What are you talking about? Everything he says everywhere is wrong.
This is why former federal prosecutors from California should not comment on NY state criminal procedure: Everything he says here is wrong.
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It wouldn’t be prudent to appoint Richard Posner to any prosecutorial post.
@ClimateAudit
@WisenbergSol
@JsnFostr
It would be prudent for the judge to appoint as amicus a highly respected retired former federal appellate judge whose integrity is beyond dispute. Richard Posner would be a good choice. The American people need to know that we don't have 2 standards of justice in this nation.
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This is disgraceful.
2/2 and yes, I called it re Weiss’ framing of his authority.
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Weiss told his agents he was blocked by DOJ. Garland says Weiss had full authority. Somebody is lying. FFS Mr. Speaker--get to the bottom of it.
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Two simple questions for Weiss: 1. When the DC and CDCAL USATTYs denied your requests to bring charges in their respective districts, who did you go to within DOJ to ask for Special Counsel status? If not the AG, why didn't you go to him directly after your request was denied?
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Thank you for your cogent, detailed explanation of why I have the story wrong. Guess I'll have to wait to hear what your hero Glenn Kirschner has to say about today's events.
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Tell it to the judge.
Columbia faculty statement on imminent raid on student sit-in: "We hold University leadership responsible for the disastrous lapses of judgment that have gotten us to this point." 1/
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He would have to do more than merely receive notice of what Hunter planned to do. Still, it was a really dumb thing for the WH to concede.
If Joe Biden did confer with Hunter on defying Congress, it was a breathtaking mistake. Obstruction is a potential articles of impeachment. Hunter was asked to give testimony on his father's role in the alleged influence peddling.
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Garland didn't even need to name Weiss Special Counsel for Weiss to have authority to file outside Delaware. He just needed to name him a "special attorney" under 28 USC 515(a). Simpler than appointing a Special Counsel. But Weiss never asked. He lied to his agents. Inexcusable.
@WisenbergSol
Why would Garland make Jack Smith and Robert Hur a SC but not give the same authority to Weiss.? makes no sense.
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forward with a copy of the email traffic documenting and corroborating the statements made at the 10-7-22 meeting of agents, line (and Tax Division) prosecutors, and Weiss, he and his larger story of the neutered investigation would have been much easier to ignore and/or attack.
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You are correct re DOJ Tax Authority. "The final authority for the prosecution or declination of all criminal matters arising under the internal revenue laws rests with the Assistant Attorney General, Tax Division. 28 C.F.R. § 0.7." But I think there were two artful dodgers here.
That fits with my understanding. DOJ Tax could override any objection made by the US Attorney in any district where Weiss wanted to file, IF DOJ Tax gave Weiss the authorization to file.
That is the piece I think the IRS team didn't understand. DOJ Tax was the one dodging
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What else is new?
Larry Tribe, applauding the denial of due process to criminal defendants.
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As far as I am aware it wasn’t under seal, which made the failure to publicly file it even worse. It just wasn’t filed. It should have been filed the day the information was filed.
Why is this plea arrangement under seal to begin with?
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Here is a recent post I did on the White Collar Crime Prof Blog about Steve Bannon's appeal of his misdemeanor conviction for contempt of Congress. Bannon actually raises some good points in his appeal, the strongest of which was the trial court's refusal to let Bannon raise a
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This is true, but Weiss is silent regarding his 10-7-22 statement to Shapley and a room full of people that DOJ denied his request for special counsel status to bring DC charges. Shapley sent an email (corroborated) documenting Weiss’ comments. Weiss lied to his agents.
U.S. Attorney Weiss’s letter confirms exactly what Gary Shapley told Congress: Weiss did not have “full authority” to bring charges, but had to “partner” with relevant U.S. Attorney. Says he’s “been assured” he could get Special Attorney status in future—but hasn’t had it yet.
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Damn right.
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Garland is the AGINO.
@nytimes
@charlie_savage
Garland and Weiss have been trying to convince the American people Weiss had this authority all along when he clearly didn't.
Garland ludicrously even said Weiss had "more authority than a special counsel would have had."
So much for that.
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Finally, did you lie to the IRS Special Agents when you told them on 10-7-22 that you were NOT the ultimate decision-maker? Did you lie when you told them you had been denied Special Counsel status?
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Always dangerous to selectively invoke attorney-client privilege.
Kevin Morris dodges Hunter Biden questions as lawyer — despite 'sugar brother' being 'everything' via
@nypost
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Nope.
To any federal LEO or prosecutor, past or present:
Have you EVER had a misdemeanor offender who agreed to voluntarily appear in court for an initial appearance - and does so - then be cuffed for transport to court and THEN CUFFED TO A BELLY CHAIN IN COURT?
EVER?
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I'll be on Faulkner Focus at 11:00 AM Eastern Time today discussing the blow-up of the Hunter Biden Plea Deal.
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Great article by
@ProfMJCleveland
on the latest false smears against IRS Whistleblower SSA Gary Shapley. Keep the following in mind. Hunter's attorneys are trying to smear Shapley precisely because the information and documents he disclosed in his transcribed interview are so
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And another thing. Why wasn't your IRS Case Agent allowed to be part of the presentation to the DC U.S. Attorney's Office? He knew more about the facts of the case than anyone and was in the best position to answer any questions. Why on Earth was he not included?
House Ways & Means Committee Staffers:
Question for Weiss -- did your prosecutors provide pre-filing discovery to Hunter Biden's attorneys?
Did you give them a chance to assess the evidence from his laptop prior to reaching agreement on the tax charges?
Did you give them a
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About time.
Finally, the IRS sends the right message.
#Whistleblowers
CAN go straight to Congress and are legally protected when they do.
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We managed to do it in 1864.
@rogerkimball
I don't know, having an election with half the population at the front line, just trying to stay alive, the survival of the nation at stake, is a difficult time. I am sure it sounds easy when you are safe and comfortable.
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Yes, Tax Div. had to green light, but if DC or CDCAL then said no, Weiss would still need some kind of letter from Garland (or an AAG) naming Weiss as a special or poo-bah counsel authorized to file charges in the relevant district. This is all about plausible deniability.
That fits with my understanding. DOJ Tax could override any objection made by the US Attorney in any district where Weiss wanted to file, IF DOJ Tax gave Weiss the authorization to file.
That is the piece I think the IRS team didn't understand. DOJ Tax was the one dodging
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How would Touhy correspondence from the White House or DOJ to a statue prosecutor be privileged?
In a new motion in GA case, Jeff Clark asks for letters from Biden White House to Willis' office (confirmed during hearing last month) and DOJ correspondence to Willis.
Judge ordered WH letters filed under seal for review but Clark wants access. Clark also wants what is called
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I’ll be on
@IngrahamAngle
at around 7:36 eastern time tonight, along with
@mrddmia
discussing today’s DC Circuit Court panel opinion rejecting President Trump’s immunity claims. Get out your popcorn.
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Done.
Help is needed.
Is help on the way?
I've got a busy six week stretch with 3 trips to DC coming up and a lot of work between now and then
I have 4 new clients in the past 2 weeks -- cases only recently unsealed so DOJ is starting another charging cycle.
Please RT to help
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Only in America.
1st grader punished and prohibited from drawing b/c she drew BLM with "any life" beneath.
Court rules no 1st A violation.
First grader.
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I can't tell you how many criminal tax targets there are who think they can buy their way out of a criminal tax probe by paying the money they already should have paid in the first place. The number is countless. That's not the way it works. Paying what you owe after the fact,
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Yeah. Right.
Old thinking: 'Federal prosecutors and agents may never select the timing of any action, including investigative steps, criminal charges, or statements, for the purpose of affecting any election...' and
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This is an admission that he lied to the agents.
2/2 and yes, I called it re Weiss’ framing of his authority.
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What a disgrace.
JUST IN—The DOJ applied for a warrant of my client
@IsabellaMDeLuca
’s cell phone in Orange County, California, related to
#J6
. It was denied. The DOJ then shipped the cell phone to DC for a more favorable venue & re-applied for a warrant. Very unorthodox. Today a DC
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Fortunately, I saved the amicus brief before it was temporarily sealed.
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From U.S. District Judge Alia Moses's 11-29-23 opinion in the Texas Barbed Wire case: "The law may be on the side of the Defendants and compel a resolution in their favor today, but it does not excuse their culpable and duplicitous conduct."
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Worth a read.
Biden Bribery Breadcrumbs Leave Only One Possible Conclusion: Deep-State Partisans Buried The Evidence
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Here is a very short piece I posted a few days ago on the White Collar Crime Prof Blog about the Supreme Court's grant of cert. in Fischer v. United States, a case about whether the J6 defendants can be charged with felony obstruction of an official proceeding under 18 U.S.C.
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This report is misleading as was
@jimsciutto
's recent on-air discussion with
@SaraMurray
concerning Weiss's most recent attempt (the 7-10-22 letter to Lindsey Graham) to explain away his conduct: 1. Weiss did not "refute" whistleblower Shapley's claims of what was said by Weiss
New: US Atty David Weiss overseeing Hunter Biden criminal probe says in letter obtained by CNN he did not ask to be named special counsel and was never refused authority to bring charges anywhere in the country, refuting allegations from IRS whistleblowers
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Exactly. Situational evolvement.
"Evolved?" Please. What we're witnessing is the sudden abandonment of positions she'd held for years and shown little sign she was reconsidering. Her flip-flops so far have been announced by anonymous staff, not by her and not with any articulation of "how she's evolved."
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Weiss either never went to anybody at Main Justice, and simply lied about this fact to a room full of case agents, or went to Monaco who told him no. Garland can find the truth if he wants to.
@WisenbergSol
But if he really cared about the case, he could have got one of the Tax Division attorneys to ask the *Tax* AAG for permission to file and then filed under that Tax Division's name. Or, he could have told IRS to go that route. He didn't have to give up and let hte case lapse.
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Concise. Accurate. Pithy.
@walterkirn
FBI also lied in the Intel Community Assessment, in their briefings to DOJ on Crossfire Hurricane, in their briefings to congressional leadership.
FISA was least of the damage. The lawfare insurrection, institutionalized through partisan special counsel, were much worse
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And now…Deep Thoughts by Harry Litman.
If Trump lawyers make any argument that passes the red face test, DOJ needs to take a little bit of time to consider it.
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I’ll be on
@IngrahamAngle
at around 7:15 Eastern Time tonight opining on the fallout from the Hunter Biden plea agreement debacle.
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It's why I feel so good about myself. Every damn day.
The urge to write a to do list with things you've already done so you can check them off
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