Sol Wisenberg
@WisenbergSol
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 must accept the specific terms if she accepts the agreement);
C) Misdemeanor probation;
D) Other unusual plea terms:
1. A global immunity deal for Hunter while the overall investigation is “ongoing”, is stunning—a super-sweetheart deal.
2. A binding plea is extremely unusual in the vast majority of federal jurisdictions. It means for example, that if the agreement calls for probation the judge must give Hunter probation. It is binding.
3. That the prosecution and defense would disagree about the terms of the agreement in open court is a joke.
Ambiguous terms in a plea agreements are construed against the government! There should be no room for disagreement on the key terms of the agreement. So, this was either astounding incompetence or corruption on DOJ’s part. I think it is corruption. This looks like a wink and a nod deal (as @shipwreckedcrew has noted)
where DOJ would have plausible deniability if the judge asked no questions and accepted the deal.
The scope of immunity is the most important feature of a plea deal. It is inconceivable that the prosecutors were incompetent here. Leo Wise has an excellent reputation for competence.
4. Think about this. DOJ was about to sanction a plea deal where Hunter would get misdemeanor probation on serious tax charges plus pretrial diversion (no time served or criminal record) on the felony gun charge. Hunter would also get complete immunity on all other charges. And he would not have to cooperate with the government’s ongoing investigation.
Totally disgraceful. Merrick Garland and David Weiss should be ashamed. And where is Lisa Monaco? Why hasn’t she been called to testify?
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