With David Weiss' promotion to special counsel, the future of the Hunter Biden probe appears unclear. Charges have been officially dropped in Delaware as part of a stated plan to charge the president's son in another jurisdiction. 

That begs the question of why the charges were ever in Delaware in the first place if they supposedly don't belong there now. If it feels like the DOJ is hoping to draw a less-skeptical judge to rubber stamp yet another sweetheart plea deal, that's probably because that's what appears to be happening. A recent leak revealed that while the FBI believes it has evidence to charge Hunter Biden with FARA revelations (and the publicly known evidence is stunning), the special counsel isn't really interested in pursuing that path. 

From the moment news broke that Hunter Biden was being charged with two misdemeanors for not paying his taxes (and being given pre-trial diversion for a gun charge that normally demands prison time), it has seemed as if the DOJ was more interested in representing the president's son than actually prosecuting him to the full extent of the law. 

There may be even more to it, though and his latest piece, Andrew McCarthy exposes what he believes is the real reason for the sweetheart plea deal.

Sham special counsel David Weiss could not have more royally screwed up the Hunter Biden case. But of course, if that was the plan, it’s not really a screwup, right? 

After his opening, McCarthy takes the time to lay out how things arrived at their present position, including the fact that Judge Maryellen Noreika was skeptical of the legality of burying broad immunity in a diversion agreement. Never mind that the diversion agreement went against DOJ protocol anyway, which demands the pursuit of incarceration for the gun crime Hunter Biden committed. 

McCarthy then gets to the biggest tell in the plea agreement: Weiss was more than happy to adopt Hunter Biden's version of events on the biggest points.

But that barely scratches the surface of Weiss’s sabotage. The statement of facts that he adopted is Hunter’s version of events. This shows that (a) there is no real Justice Department Biden investigation, and (b) Weiss is trying to kill the case before it engulfs the president.

That is what the evidence shows. But what did Weiss do? He adopted a statement of facts in which Hunter asserts that the foreign income was legitimately earned through his purported work as a high-end lawyer and business consultant (i.e., no way it’s bribery, influence peddling, and foreign-agent work), and that he failed to pay his taxes because he was drug-addled (i.e., no way it’s money laundering and tax evasion).

The fact that Weiss was trying to let Hunter Biden dictate the statement of fact is bad enough. We know that Hunter Biden's foreign dealings were not all "legitimately earned" through his work as a "high-end lawyer and business consultant." How do we know that? Well, we know that for multiple reasons, including the testimony of others, but just as importantly, we know that because the DOJ itself has told us that. 

The DOJ has told us that with their prosecution of Hunter Biden's business associates, who were doing the same things he was doing with the same companies (i.e. CEFC China). For example, how is it possible that Gal Luft violated FARA by taking money from CEFC China but Hunter Biden didn't? They were both working on behalf of the company to lobby US government officials. 

Why would Weiss want to put on paper that everything Hunter Biden did was legitimate except not paying his taxes? That's when McCarthy really gets to the meat of his assertion.

The statement of facts adopted by Weiss completely undermines the essence of the Biden corruption scheme. If you were a prosecutor who was assigned to the Biden case, and you truly had an “ongoing investigation” into the Biden business activities, there is no way in a million years that you would adopt a defendant’s spin on the “facts” that contradicts the evidence amassed by your investigators. Indeed, there is no way, in the middle of your “ongoing investigation” of serious felonies, that you would gift one of the main subjects of the investigation with a plea deal involving two misdemeanor tax charges — a plea deal in which you promised to seek a no-jail sentence and which you structured so the defendant could credibly claim complete immunity from any crimes uncovered in your “ongoing investigation.”

In other words, this all goes back to protecting Joe Biden. By trying to pass off to the court that Hunter Biden's business activities were legitimate, Weiss was trying to kill the broader investigation into the president. He would have succeeded if not for one skeptical judge. 

With all that said, why would anyone trust Weiss to handle his role as special counsel with anything but the same bias? What charges are ultimately filed in Washington, D.C., which is where most believe the DOJ is going next, will say a lot about whether Weiss has changed his disposition in the case. If the goal is to protect Joe Biden, though, there would be no reason for him to do anything but double down on that pursuit.