Did Weiss’s office disregard pretrial diversion policy for Hunter’s lenient deal? DOJ conceals the truth.

The Department of Justice is ⁣facing ⁢a lawsuit for failing to provide a copy of the pretrial diversion policy adopted by the Delaware ‌U.S. attorney’s office. This ‌open-records request lawsuit, filed on Wednesday, alleges a violation of the law.

But this ⁢is not the first time the DOJ has been under scrutiny. Just ‍recently, a federal⁣ judge ordered the DOJ to stop stalling and hand over communications between the DOJ and David Weiss. These documents, as reported exclusively by The Federalist, reveal the DOJ’s attempts to hinder congressional⁤ inquiries into the‍ handling of the Hunter Biden investigation.

The Heritage Foundation, along with its director of the Oversight Project, Mike Howell, has taken legal ⁣action ‌by filing a lawsuit under the Freedom of Information Act (FOIA). They are seeking to compel the Delaware U.S. attorney’s office to disclose its policy on pretrial diversion agreements. ⁣The complaint emphasizes that the DOJ’s‌ manual mandates each‍ U.S. Attorney’s Office to develop and implement such‍ a policy.

The Heritage Foundation explains in the court filing​ that they submitted the FOIA ‌request on⁣ August 2, 2023, directly to the Delaware U.S.‍ attorney’s office and ⁤the Department of Justice. The request seeks “all records pertaining to the policy on the ​use of pre-trial diversion required by Justice Manual 9-22.010 for the Office of the United States Attorney for the‌ District of ⁤Delaware (‘USADE’).”‌

All records pertaining to the policy on the use of pre-trial diversion required by Justice Manual 9-22.010 ​for the Office of the United States‍ Attorney for the⁤ District of Delaware (“USADE”).

The FOIA request also includes a fee waiver and a​ request for‍ expedited‍ processing. The Heritage Foundation argues that the ⁢controversy⁢ surrounding the proposed Hunter Biden pretrial diversion agreement is a matter of significant public interest‍ and ‌questions the ⁣government’s integrity.⁣ To support their⁤ request,‌ they have included a comprehensive appendix with relevant documents and media coverage.

The DOJ acknowledged receipt ⁢of the FOIA request on August⁢ 3 and noted the‍ request for expedited processing. However, they have failed⁢ to respond within⁢ the required 10-day timeframe. This violation of the FOIA mandate has led to the ⁢lawsuit and the⁢ Heritage Foundation’s⁣ request for a preliminary and permanent injunction, demanding the DOJ to produce⁤ the policy ⁤and any other relevant records‌ within 20 days of the court‍ order.

While it is ‌uncertain how long the court will take to address the complaint and the request ​for a preliminary injunction,​ this⁣ case⁤ highlights the urgency of expediting‌ the production of documents.

A little over a‍ month ago, Hunter Biden‍ appeared ⁣in federal court to plead guilty to two misdemeanor tax counts. The pretrial diversion agreement for​ a‍ felony gun count ⁢was⁤ also⁢ set to be accepted ⁤on ⁣the same day. However, the plea deal fell apart when the ‌presiding judge questioned the validity of the agreement and its broad promise of non-prosecution for crimes unrelated to‍ the gun charge. The court requested additional briefing before adjourning the hearing.

Two weeks later, U.S. Attorney Weiss’s team informed the court that a plea deal could not be finalized​ and requested the dismissal of⁣ the ⁢tax‍ charges. This would allow them ‌to refile in ⁤a more ​appropriate venue, following Attorney General‌ Merrick Garland’s appointment ‍of Weiss as special counsel.

As of now, Weiss has not filed any charges against ⁤Hunter Biden, unless⁢ they have been‌ filed under⁢ seal. ‍This raises doubts about the impact of ‌Weiss’s appointment⁣ as special counsel. ​Regardless, ⁢his involvement in negotiating the⁣ controversial plea deal, which included ​the pretrial diversion agreement, has ‍eroded trust. The DOJ’s resistance to disclosing the Delaware‌ U.S. attorney’s policy ⁤on pretrial diversion agreements suggests that ⁣Garland may be aware of the impropriety of the‌ deal given to the president’s son.