Law professor Dershowitz says federal sentencing judge should reject Hunter Biden plea deal

By 
 June 29, 2023

Amid the critical blowback against the "sweetheart" plea deal Hunter Biden received last week on federal criminal charges, Harvard law professor Alan Dershowitz suggested that the federal judge who will sentence Biden should refuse to accept the agreement, Breitbart reported.

The famed defense attorney said the judge should only agree to accept the plea deal after hearing testimony from Attorney General Merrick Garland, Delaware U.S. Attorney David Weiss, and six witnesses who can allegedly corroborate claims made by IRS whistleblower Gary Shapley that directly contradict prior public statements from Garland and Weiss and raise other concerns about the years-long Hunter Biden probe.

Biden's plea deal vs. the IRS whistleblower's allegations

On June 20, it was announced by the office of Delaware U.S. Attorney Weiss that an agreement had been reached with Hunter Biden's attorneys in which Biden would plead guilty to a pair of misdemeanor tax violations for failing to pay income taxes in two different years.

It was also announced that Biden had agreed to a separate arrangement on a felony gun charge -- unlawful possession of a firearm by a user or addict of a controlled substance -- that typically results in a prison sentence of up to 10 years but for which Biden will enter a pre-trial diversion program to avoid serving any time and likely have the charge expunged from his record.

Just two days later, though, the Republican-led House Ways and Means Committee released the transcript of sworn testimony provided by IRS Supervisory Special Agent Gary Shapley, who led the years-long probe into the president's son but recently came forward as a whistleblower to expose alleged official misconduct.

Shapley asserted under oath that Biden received "preferential treatment" and partisan "interference" on his behalf from senior officials with the IRS and Justice Department, including delaying necessary investigative actions, divulging impending activity to Biden's attorneys, and denying multiple requests for search warrants and criminal indictments.

Indeed, contrary to prior claims to Congress from Attorney General Garland and Weiss himself that no constraints had been placed on Weiss' ability to bring criminal charges against Hunter Biden, Shapley alleged -- with contemporaneous support from other witnesses -- that Weiss had privately complained about being blocked from pursuing certain criminal charges.

Judge should reject plea deal

During an appearance Tuesday on Fox News' "Hannity," professor Dershowitz said the whistleblower revelations were "very important" and "must" be considered by the federal sentencing judge when determining an appropriate punishment for Hunter Biden.

"The judge who is sentencing Hunter Biden and who has to approve of the plea deal, must -- must -- call Garland, must call Weiss, must call these six witnesses, and must say, 'look, Hunter Biden’s lawyers, we know you want the deal to go through. Justice Department, we know you want the deal to go through. But I’m a judge, I represent the people of the United States of America,'" Dershowitz said.

He went on to suggest that an outside third party could file a motion to intervene and demand additional scrutiny, though he also explained that the judge is not bound by the agreement and has their own right to reject it if they feel such action is warranted.

"The law provides that a judge need not accept a plea bargain agreed to by both sides if there is a problem here, and if he concludes, for example, that Weiss was denied the ability to investigate beyond Delaware, then the deal’s off," Dershowitz said. "Because the deal probably ends any possibility of prosecution in the District of Columbia or in Los Angeles."

"And if those were foreclosed in violation of what Garland said would be available to Weiss, then the deal’s off, and you have to go back to square one, you have to conclude the investigation, and then you decide whether or not to make a plea bargain," he added. "Right now, the judge should not accept this plea bargain without hearing from Garland, Weiss, and the six witnesses."

Did AG Garland commit perjury before Congress?

It is worth noting that both of the other two guests during that segment on "Hannity" -- former Acting Attorney General Matt Whitaker and legal analyst Greg Jarrett -- agreed in full with what Dershowitz had to say about the sentencing judge rejecting, or at the very least pausing, the Hunter Biden plea deal based on the serious allegations and appearance that AG Garland, and perhaps even U.S. Attorney Weiss, lied to Congress.

If it is true that Garland perjured himself before Congress, then far more importantly than the Biden plea deal is the absolute necessity of the Republican-led House immediately opening an impeachment inquiry that will swiftly result in articles of impeachment against the clearly dishonest and overtly partisan attorney general.

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