(UPDATE 10:30 PM EDT: Biden’s lawyers claim there was no misrepresentation, but instead a miscommunication between clerks that led to the removal of the document. Read more here.)
Hunter Biden’s lawyers face potential sanctions from the rightfully annoyed Delaware judge in his tax case after an attorney allegedly played a dirty trick on a clerk.
Earlier today, House Ways and Means Committee Chairman Jason Smith filed a brief to Judge Noreika, suggesting that she toss Hunter’s ‘sweetheart’ plea deal with Delaware prosecutors due to claims they gave the President’s son preferential treatment.
It is claimed that someone from Hunter’s attorney Chris Clark’s former law firm later called the Delaware clerk – pretending to be from the office of Smith’s attorney, Theodore Kittila – asking them to remove the original filing and, with it, 448 pages of Congressional testimony from the two IRS investigators who worked on the case.
The documents were then taken down and sealed.
Kittila quickly responded to the skulduggery, writing to the judge, Maryellen Noreika:
We 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 this from the docket.
We immediately advised that this was inaccurate.
Hunter’s lawyers denied the allegations but said that his personal tax information should rightfully be placed under seal because it would be “improper, illegal and in violation of applicable rule” to file them. This is despite the fact that they were released online by the House Ways and Means Committee a month ago.
The angered judge gave Hunter’s attorneys just hours to respond and indicated that they must do so by 9 PM EST Tuesday:
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.
Therefore, it is hereby ordered that, on or before 9pm today on July 25, 2023, counsel for defendant shall show cause as to why sanctions should not be considered for misrepresentations to the court.
Mike Howell, director of conservative think tank Heritage Foundation’s Oversight Project, said that if true, these acts show Hunter’s lawyers are desperate:
Something crazy is happening right now in the Hunter Biden case. The judge ordered the sealing of transcripts that have been publicly available on the House website for over a month and which a House Committee voted to release in compliance with applicable rules…
If anyone lied to the court, they need to be punished. Otherwise, we can only expect the same behavior in the future. It is unbelievable that we are dealing with these 11th-hour procedural shenanigans that reek of desperation.
Hunter is scheduled to appear in court Wednesday to enter into a sweetheart plea deal for misdemeanor tax crimes that would allow him to avoid prison time or serious consequences. RedState will keep you updated on future developments.