FBI favored Hunter Biden over Trump on five occasions.
IRS Whistleblowers and Trump’s Indictment: A Tale of Two Cases
As the IRS whistleblowers from the Hunter Biden investigation prepare to testify publicly for the first time, former President Donald Trump has made a stunning announcement. He expects to be indicted in the Jan. 6 investigation, marking another twist in these explosive political cases.
Trump’s claim that he received a target letter from special counsel Jack Smith, who is investigating him on a range of issues, has sent shockwaves through the political landscape. It suggests that Trump may face his second federal indictment in as many months, just as Hunter Biden finalizes a plea deal for misdemeanor charges.
The Divergence in the Progression of the Cases
The simultaneous developments in both cases highlight how differently the Department of Justice has handled each. On one hand, IRS whistleblowers will appear before the House to lay out allegations of favorable treatment toward the Biden family. On the other hand, Hunter Biden will appear in court next week.
Let’s take a closer look at how differently the Justice Department has wielded its investigative tools in the Trump and Biden cases.
Search Warrants
In August 2022, the FBI executed a search warrant of Trump’s home at Mar-a-Lago, surprising his legal team. This raid came after months of cooperation between Trump’s lawyers and the Justice Department. The decision to conduct a raid was met with concerns from a former top FBI agent on the case, who argued that it was overly aggressive given the level of cooperation from Trump’s legal team.
On the other hand, the IRS whistleblowers detailed instances where the Justice Department shut down efforts to obtain search warrants in the Hunter Biden investigation. They testified that the approval process for search warrants was intentionally delayed, with the investigation potentially being halted close to Election Day. The whistleblowers also revealed that a top official in the Delaware U.S. attorney’s office shut down efforts to obtain a search warrant for President Joe Biden’s guest house, citing optics as a driving factor in the decision.
Witness Interviews
Special counsel Jack Smith’s team has successfully interviewed dozens of witnesses in the Trump investigations. The Justice Department has handed over transcripts of these interviews to the court, and more witnesses have spoken to the grand jury about the Jan. 6 case.
However, in the Hunter Biden investigation, the Justice Department sought to limit who investigators could interview. The whistleblowers testified that their list of potential witnesses was significantly reduced, and they were only allowed to serve subpoenas without being able to talk to some of the witnesses. They also revealed that senior FBI officials tipped off Joe Biden’s transition team, giving them an opportunity to obstruct the approach on the witnesses.
Attorney-Client Privilege
The issue of attorney-client privilege was handled very differently in the Trump and Hunter Biden cases. In the Trump case, prosecutors successfully argued for the stripping of attorney-client privilege based on the crime-fraud exception. This exception allowed them to scrutinize Trump’s private legal communications with his lawyer.
However, in the Hunter Biden investigation, the Justice Department gave significant deference to attorney-client privilege. The whistleblowers testified that a broad range of communications were shielded from the investigation under the guise of attorney-client privilege. They also revealed that the Justice Department did not challenge the use of a Kovel agreement, which extended attorney-client privilege to communications between Hunter Biden and his associates.
Lawyer Cooperation
While Trump’s lawyers were working with the Justice Department, the DOJ proceeded aggressively with the classified documents case. The FBI conducted a raid on Trump’s home without giving his lawyers advanced notice.
In contrast, the DOJ gave Hunter Biden’s legal team ample opportunity to block investigators. They were even given the chance to intercept IRS investigators and prevent witness interviews from taking place. The Justice Department officials ensured that Hunter Biden’s lawyers had advanced notice of any investigative actions.
Reputational Concerns
The Justice Department has insisted that its actions in the Trump case were solely to uphold the principle that no one is above the law. However, in the Hunter Biden investigation, reputational concerns seemed to guide the decisions. A top Justice Department official issued a cease and desist order on investigative activities due to the upcoming election, expressing concerns about the DOJ’s image.
These divergences in the handling of the Trump and Biden cases raise questions about the Justice Department’s approach and the potential political motivations behind their actions.
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