Judge Maryellen Noreika cautioned Hunter Biden’s legal team that they might face penalties due to an accusation that a law firm member provided false information to the court clerk over the phone to remove certain records from the docket. The record in question was the amicus brief filed by House Ways and Means Committee regarding Hunter’s Plea deal.
The warning was issued the day before a planned hearing to discuss a potential plea deal related to tax and gun violations, which could potentially spare the first son from imprisonment.
According to an order on Tuesday, as reported by the Daily Mail, Judge Noreika stated, “It appears that the caller misrepresented her identity and who she worked for in an attempt to improperly convince the clerk’s office to remove the amicus materials from the docket.” Consequently, the judge demanded that by 9 p.m. on July 25, 2023, the defendant’s counsel must show cause and explain why sanctions should not be considered for the misrepresentations made to the court.
This latest controversy centers around an amicus brief submitted by a law firm representing House Ways and Means Committee Chairman Jason Smith (R-MO). The brief urged the court to consider whistleblower testimony from Internal Revenue Service (IRS) agents, alleging that the criminal case, overseen by Delaware’s U.S. Attorney David Weiss, had been deliberately delayed to prevent more serious charges against Hunter Biden.
Merrick Garland, the Attorney General, has denied any allegations of political interference. Weiss, who has stated his power to press charges, was granted permission by the Department of Justice (DOJ) to provide testimony to Congress.
Hunter Biden’s legal team claimed in court filings that the court clerk removed the document from Smith’s legal team “on their own accord.” They cited concerns about “personal tax information” being exposed, which led to a call inquiring about the possibility of sealing the document.
Smith’s attorney, Theodore Kittila, said his team “promptly contacted the clerk’s office, and we were advised that someone contacted the court representing that they worked with my office and that they were asking the court to remove” their filing from the docket. The clerk’s office was then informed of the inaccuracy, and the document was re-filed.
Judge Noreika ruled in her order that the filing should remain sealed until at least the close of business on Wednesday. However, the whistleblower testimony provided to the House Ways and Means Committee is already available to the public with minor redactions.
Miranda Devine, a columnist for the New York Post, shared screenshots of emails exchanged between the involved parties, including an apology from court official Sam Grimes to Smith’s legal team for the “confusion” caused by a person named “Jessica Bengels.” The individual allegedly claimed to work with Theodore Kittila and demanded the immediate removal of the document or threatened to file a motion for sealing.
In response to the judge’s order, Biden’s lawyers from Latham & Watkins LLP stated that they were unaware of how the misunderstanding occurred. Still, they asserted that there was no misrepresentation. They included an affidavit from Jessica Bengels, the staff member who spoke with the clerk, denying any false representation of her firm affiliation.
The scheduled hearing, set for 10 a.m. on Wednesday, will determine whether the judge approves or rejects the plea deal negotiated between Hunter Biden’s lawyers and the DOJ.