In this court filing in Hunter Biden’s criminal tax case, Special Counsel David Weiss, for the first time, outlines evidence the govt has and intends to introduce that Hunter and his associates engaged in an unlawful, secret campaign on behalf of a foreign principal to influence U.S. govt policy. This violated FARA. Charges were never brought for this and similar crimes, and the govt only publicly acknowledged the evidence that supported charges after the statute of limitations had passed. In short, the DOJ saved Joe Biden and his family from political embarrassment and possible corruption criminal charges.
Here Mr. Weiss advises the court that the government believes the issue of whether FARA was violated is not relevant in the tax case. Nevertheless, the govt intends to introduce evidence that in fact, Hunter received about $1 million for lobbying the Obama State Dept on behalf of Romanian clients, and he structured the payments so as to avoid traceability to that (illegal) conduct.
Hunter’s lawyers rightly complain that such evidence is highly prejudicial. This brief by Weiss argues that the evidence of the transaction is nevertheless relevant and admissible under Rule 401.
It’s a shame politics seemingly influenced Mr Weiss into not addressing the corruption head on, before limitations ran, rather than in effect walking a tightrope in trying to use other crimes evidence to support criminal tax charges.
In this article @JonathanTurley makes the great point that the evidence of this scheme to violate FARA, and to structure the payments to hide the violations, is a damning indictment of the Biden DOJ in allowing such crimes to go uncharged and unpunished: jonathanturley.org/2024/08/08/the…
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Judge Merchan is severely limiting the defense expert’s discussion of how the FEC works, including definitions of terms like “campaign contributions,” and such concepts as dual use expenses exempted from the law. Right now the jury has heard enough to assume the worst for Trump:
The judge refuses to say how he will instruct the jury on the FEC. As it stands now the jury probably assumes the FEC was violated and that Trump has no defense, because it’s obvious sex with a porn star might affect the number of Trump’s votes. But that’s not the law.
And this issue of whether the FEC was violated is beyond the court’s jurisdiction altogether. The FEC supersedes and preempts all state laws. So a NY state court jury cannot decide whether there has been a criminal violation of the FEC.
@shipwreckedcrew has the basic outline of what a good cross examination of Cohen will likely look like. I would add that an effective cross can be used to tell your side of the story, if you’ve got the right witness to do it with. Cohen might be that witness.
Elements of Trump’s story here could be that campaign donations and expenses is a complex area of federal law that require a lawyer to fully understand. Cohen, the lawyer, took charge of deciding how to structure transactions. Cohen and Weisslberg talked about that.
Yesterday I posted a long thread on the sleight of hand pulled by D.A. Bragg in NY to conceal the fact that his theory of the case against Trump is, in effect, a prosecution of federal crimes that by law preempt and supersede the state laws Bragg says he is using.
This fact becomes more and more obvious as the trial progresses, beginning with the opening statement to the jury. The prosecution told the jury that this case involved a conspiracy and a coverup. What crimes were the object of the conspiracy? Federal election finance crimes.
Specifically Bragg has produced evidence tending to show that David Pecker and Michael Cohen conspired with Trump and others to make disguised campaign contributions to Trump in 2016 by making payments to Karen MacDougal and Stormy Daniels to buy their silence about affairs.
This is a THREAD on the sleight of hand, shell and pea game AG Bragg is playing in his case against Trump in NY. The object of this confidence game is to hide that Bragg is prosecuting a crime he has no authority over and that the court has no jurisdiction to hear.
To understand what’s going on, let’s start with the indictment. Trump is charged with violating NY Penal Law 175.10, providing, “A person is guilty of falsifying business records in the first degree when he commits the crime of falsifying business records in the second degree, ..
… and when his intent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof.”
Excellent analysis of the implications of the DC Bar’s attempt to disbar former DOJ official, Jeff Clark. I’d like to weigh in on the concepts of fraud vs irregularities in the election, a subject addressed at length during the hearing.
The DOJ took the position in 2020 that they only would investigate criminal fraud and civil rights violations in connection with the election. So when Clark drafted a letter from the Department to Ga legislators, Clark went beyond the DOJ’s role by including irregularities.
Stop for a minute and consider what that means. Fraud operates in the shadows. Concealment is the name of the game for every fraudster from time immemorial. So when a law enforcement official claims, “We only investigate fraud, not irregularities,” in effect abdicating his duty.
Regardless of how one views Smirnov’s credibility ( he made it all up in 2020 or, as @walkafyre notes, he has a bad memory), it’s undeniable the FBI does not look good here. The first 1023 was in 2017, in the financial crimes investigation of Zlochevsky that was opened Jan 2016.
The official FBI version b/f the indictment was nobody thought to ask for three years about Smirnov’s throw away line about Hunter being on the Burisma board. What? How can that be irrelevant to an investigation of Burisma’s owner committing theft and money laundering? Nobody ask
Then when they finally do go ask, they get a wild tale of bribery of a sitting US VP and his son, the board member. A tale that if true, the CHS had concealed from his handler for at least four years. But nobody drilled down into that. Again, the working policy was “Don’t ask.”