NO DEAL!!! Thank goodness. I wasn’t going to rant because I think the information is out there but changed my mind because I think many of you didn’t see everything that was put up.
But first, once again HFJ showed his bias on the Five. He claimed that today proved there is no two tiered system of justice. I have previously dealt with this nonsense and so won’t comment on that further. Just because one Dem was charged, because they had no choice, and then got the ultimate sweetheart deal, doesn’t mean that Dems aren’t treated differently than republicans.
Now there are two things I want to address that you may not have understood. One was the reason that the plea blew up in DOJ’s face. And I’m not claiming prescience. Turley addressed it earlier today. He said that they hoisted themselves on their own petard. They wanted to have their cake and eat it too. They wanted to sweep the whole thing under the carpet but the judge asked a few obvious questions and the whole thing blew up. They couldn’t say that they weren’t still investigating Hunter because if they did, then their obfuscation dodge from Congress that they couldn’t provide documents and information to the House by claiming they couldn’t provide information about an ongoing investigation. But they also couldn’t go forward with a deal that left Hunter vulnerable. They were ill prepared to actually explain their duplicity.
And the other thing that struck me is that the judge said that the pre trial diversion for Hunter’s gun charges raised constitutional issues. Now I was riding in my car when I heard that and it kind of stifled me. Diversion is not unusual and frequently happens in drug cases where the defendant agrees to go into a treatment program and stay drug free for a series of years.
Now what I didn’t know, and nobody else did either because the plea agreement was not disclosed and still hasn’t been disclosed. But it is now known that the plea agreement raises serious separation of powers concerns. Under the agreement, if the crack head strayed then it was up to the judge to decide whether or not to prosecute him. That is not the function of the judiciary. It is the function of the executive branch but again they want to have their cake and eat it too. They didn’t want to be responsible for making the decision to prosecute Magoo junior.