Lawsuit filed against DOJ, AG Garland over failure to hold Hunter Biden accountable under FARA law

 July 19, 2023

It has been known for several years now that Hunter Biden was profitably engaged in business with and seemingly represented the interests of multiple foreign businesses and foreign business associates.

Now the conservative America First Legal organization has filed a lawsuit against the Justice Department and Attorney General Merrick Garland for failing to enforce the Foreign Agents Registration Act against Hunter Biden, the Washington Examiner reported.

The law firm argued that the FARA requirements were directly applicable to Biden in relation to his involvement with, at the very least, the Burisma Holdings Limited energy firm in Ukraine as well as the CEFC energy firm in China.

Hunter Biden fits statutory definition of "foreign agent" under FARA

In its 29-page lawsuit, AFL asserted, "No later than November 2019, when it obtained possession of and verified the authenticity of Hunter Biden’s laptop computer, the Department of Justice had actual knowledge that Hunter Biden has been a statutorily defined foreign agent of (at a minimum) Ukrainian and Chinese principals and therefore was legally obligated to register as such."

However, the Department has neither required Mr. Biden to register nor undertaken a waiver rulemaking," the group noted, despite the DOJ having been previously informed of the situation and directly requested to take action months ago.

The suit stated, "If the Department of Justice becomes aware that a certain individual is required to register under the Foreign Agents Registration Act, but that such registration has not occurred, then the Department has a nondiscretionary duty either to require it or to undertake a waiver rulemaking. Nevertheless, to date, the defendants have refused to do either of these things."

Evidence supports claim of FARA applicability

The AFL lawsuit went on to outline the origin and purpose of the FARA and highlighted the statutory definitions of key terms such as "foreign principal" and "agent of a foreign principal," and further showed how Hunter Biden's involvement with Burisma and CEFC clearly fit those definitions.

With regard to Burisma and Ukraine, the filing included email evidence obtained by AFL as well as Senate committee investigative reports which showed that Hunter Biden had lobbied the office of his father, then-Vice President Joe Biden, and by extension the U.S. government, on behalf of the foreign corporation.

The suit also pointed to Hunter Biden's documented profitable involvement with China's CEFC and its chairman, Ye Jianming, again based on obtained emails, Senate committee reports, and whistleblower testimony, and further noted the discrepancy in how recently indicted Dr. Gal Luft -- who coincidentally seeks to testify against the Biden family -- was charged with a FARA violation for his own involvement with CEFC and Jianming while Biden was not.

AFL referenced its initial complaint filed in March about Biden's clearly apparent FARA violations and reiterated that " To date, the Department has
neither adjudicated this complaint nor required Mr. Biden to register as a foreign agent, thereby unlawfully withholding and unreasonably delaying nondiscretionary agency action" as required under the Administrative Procedures Act.

As such, the group asked the federal courts to hold the DOJ's failure to act as unlawful and to compel it to require Biden to register as a foreign agent in compliance with applicable laws.

Anybody not named Biden would have already been criminally prosecuted

"As detailed in our complaint, the record is quite clear," AFL Vice President and General Counsel Gene Hamilton said in a statement. "Hunter Biden appears to have used his unique access and position to the benefit of multiple foreign principals."

"Any other American would have been criminally prosecuted for failing to register as a foreign agent for this conduct -- but not under Merrick Garland’s Department of Justice, which continues to go out of its way to help President Biden, his family, and his radical liberal allies," he continued.

Hamilton added, "The Attorney General has a non-discretionary duty to ensure that Hunter Biden registers as a foreign agent under FARA and provides the American people with transparency into his activities on behalf of foreign principals."

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