The conservative Heritage Foundation filed a lawsuit against the Justice Department on Thursday seeking records that may help sway a Delaware federal judge from accepting the terms of Hunter Biden’s no-prison plea deal.
The influential think tank is demanding that the DOJ hand over communications sent or received by Delaware US Attorney David Weiss or any employee of his office related to whether Weiss sought to be named special counsel during the Hunter Biden probe.
Heritage is also seeking records of communications between the Delaware US Attorney’s Office and any other US Attorney’s Office “with venue to bring charges against Hunter Biden or his associates in that jurisdiction.”
The legal filing argues that documents must be furnished to Heritage by July 21, five days before the 53-year-old first son is scheduled to enter his plea, or else “the records will lose considerable salience.”
“Records released by July 21, 2023 is vital to allow Plaintiffs to analyze those records and make them public. By making the records public along with accompanying analysis, Plaintiffs will be able to allow the court in Delaware to examine the records directly or allow interested parties to prepare briefing placing those records before the court. Critically, it would also allow Congress to examine the records, and if necessary utilize those records to request that the Department or the Delaware Court delay the plea hearing,” the lawsuit states.
Mike Howell, a member of the Heritage Foundation’s Oversight Project and a plaintiff in the lawsuit, told The Post on Friday that his group’s case may decide whether US District Judge Maryellen Noreika signs off on the plea agreement.
“We are the only ones in federal court suing for this information, which is central to whether a federal judge should approve Hunter Biden’s sweetheart deal from the DOJ,” Howell told The Post.
“I am completely confident in the merits of our claim and our litigation team is the best in the business. I am not confident that DOJ will hand this over without a major fight, especially after the government has gone this far to protect the Bidens. That’s why we’re fighting and fighting to win,” he added.
IRS whistleblower Gary Shapley told the House Ways and Means Committee May 26 that Weiss in January 2022 sought to indict Hunter Biden on felony charges for tax evasion in 2014 – and misdemeanor charges for 2015 – but then informed his team he couldn’t, because DC US Attorney Matthew Graves – a Biden appointee – wouldn’t go along.
Attorney General Merrick Garland testified to Congress in March of this year that Weiss had full authority to bring charges against the first son in any jurisdiction he wished.
Shapley also told the panel that Weiss sought to be appointed special counsel at least twice — including as recently as spring 2022 — but was turned down by the Justice Department. A separate anonymous IRS whistleblower backed up this claim in testimony to the same committee on June 1.
Hunter Biden agreed to plead guilty to two misdemeanor counts of failing to pay a total of $1.2 million in taxes over 2017 and 2018 and a felony count of firearm possession while addicted to a controlled substance.
The gun charge will be expunged after two years of probation, according to the deal.
Comparable tax and firearms charges routinely result in prison time.