OPINION | Views expressed in this article reflect the author's opinion.
Photo illustration of Hunter Biden via Imagine Art

Americans recently learned that federal prosecutors at the Department of Justice moved to voluntarily dismiss criminal charges against President Joe Biden’s son Hunter in Delaware without prejudice. Hunter’s special plea guilty deal fell apart in court after Judge Maryellen Noreika discovered Hunter is still under investigation and may face other charges.

The dismissal of charges against Hunter in Delaware is viewed by many people as a “dirty trick.” By refiling charges against Hunter in a different jurisdiction, either in the Central District of California or in Washington, D.C., prosecutors will more likely receive a Biden-appointed U.S. attorney as well as a sympathetic judge overseeing the case.

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Republican Senator Tom Cotton of Arkansas said, “Biden’s DOJ wants to dismiss the charges against Hunter, supposedly to refile them elsewhere, no doubt before some liberal judge who will rubber-stamp a sweetheart deal.”

“Remember, when Biden’s DOJ and Hunter’s lawyers meet, they’re not negotiating. They’re conspiring,” Cotton said.

For example, U.S. attorney E. Martin Estrada in Central District of California is a donor to Biden and Kamala Harris’s campaigns. He reportedly refused to file charges against Hunter Biden in 2022.

In the meantime, U.S. Attorney General Merrick Garland appointed U.S. Attorney David Weiss as special counsel in the Hunter Biden investigation. Judge Maryellen Noreika recently refused to accept Hunter Biden’s plea deal in federal court after discovering that the investigation is still ongoing.

Appearing on Fox News, legal analyst Andrew McCarthy argues the appointment is a “sham” and argued that an attorney must be appointed who is external to the DOJ and federal government.

Fox News legal analyst and former defense attorney, Gregg Jarrett, agreed that Garland is defying federal regulations. “So, the fix is in,” he said. “Weiss will continue the obstruction & Biden protection.”

“This is a shamm,” McCarthy said. “There is no special counsel investigation. There is no Biden investigation. What makes a special counsel special is that you’re a lawyer who’s brought in from outside the United States government,” McCarthy continued. Contrary to that foundational idea, he pointed out that Weiss, despite his new title, is still very much a part of the Biden administration, being “a top official in the Biden Justice Department.”

“This is the Biden Justice Department’s vehicle for maintaining control of an investigation that they are not pursuing,” he continued. “They’ve had the case for five years. They’ve never indicted it. They’re strategically allowing the statute of limitations to run to the point that the 2014 and 2015 conduct, which covers most of the $21 million that the congressional investigation report showed this week, that’s already time-barred.”

In a twist of fate, the plea deal “fell apart” as Hunter appeared in court and federal prosecutors confirmed that Hunter is still under federal investigation. As a result, Hunter pleaded “not guilty.”

Garland said, “I’m here today to announce the appointment of David Weiss as a special counsel consistent with the Department of Justice regulations governing such matters. In keeping with those regulations, I have today notified the designated members of each House of Congress of the appointment.”

Weiss’ appointment as special counsel indicates that, contrary to Hunter’s defense lawyers’ claims, the Justice Department investigation into President Biden’s son is not over.

“Upon considering his request, as well as the extraordinary circumstances relating to this matter, I have concluded it is in the public interest to appoint him as special counsel,” Garland said.

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Hunter faces multiple federal crimes after a years-long investigation into his criminal activity overseas involving his father, President Joe Biden.

Hunter Biden was expected to plead guilty to two misdemeanor tax counts of willful failure to pay federal income tax. However, the more serious gun felony charge carries a maximum penalty of 10 years in prison. This plea deal was intended to avoid any jail time in connection to the felony gun charge.

Hunter illegally possessed a firearm while addicted to crack cocaine. He tested positive for the drug and was discharged from the Navy in 2014. To purchase the weapon, Hunter lied on a federal gun purchase form.

Less privileged Americans are regularly “dragged through the mud” and face the full consequences of their criminal acts.

For example, the popular rapper Kodak Black, whose real name is Bill Kapri, committed a similar crime and sentenced to nearly four years in prison. Kodak Black also lied on a federal form to purchase a gun by using an incorrect Social Security number.

Judge Maryellen Noreika openly questioned the constitutionality of Hunter’s plea deal because “the diversion clause and the immunity Hunter Biden would receive.”

“Prosecutors on Wednesday, though, said Hunter Biden pleading guilty to the two misdemeanor tax offenses would not immunize him from future charges,” the report said. “At one point, Noreika asked Justice Department prosecutor Leo Wise whether there is an ‘ongoing investigation here,'” the report added.

“There is,” Wise responded.

Prosecutors refused to tell the judge why Hunter is still under investigation. When asked if the government could potentially bring a charge related to the Foreign Agents Registration Act (FARA), Wise responded, “Yes.”