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Re: fuagf post# 450063

Friday, 07/28/2023 1:38:16 AM

Friday, July 28, 2023 1:38:16 AM

Post# of 482592
fuagf.........
I read your post with interest. There are a few facts left out or misinterpreted.

1.) Noreika later asked the government whether it had "any precedent for agreeing not to prosecute crimes that have nothing to do with the case or the charges being diverted?"

"I'm not aware of any, Your Honor," prosecutor Leo Wise responded.


2.) Noreika repeatedly expressed her concerns about the constitutionality of the diversion deal related to the felony gun charge, specifying that the main issue with the agreement was that if Hunter Biden breached the deal, the judge would need to make a finding of fact on the matter before the government could bring charges.

The diversion was an agreement in which the government would not charge Hunter Biden with the more serious federal gun charge — if he pleaded guilty to the misdemeanor tax charges and behaved under certain terms of the agreement for a period of approximately 24 months. If Hunter Biden breached the diversion, the government would try to bring the serious gun charge against him.

At that point, the government would bring that information to the judge, and the judge would be required to determine whether charges should be brought — that was the portion of the diversion that Noreika rejected, saying it would be unconstitutional as charging decisions are made by the executive branch, not the judicial branch.

"Do you have any authority that any court has ever accepted that or said that they would do that?" Noreika asked.

"No, Your Honor, this was crafted to suit the facts and circumstances," Wise replied.

https://www.foxnews.com/politics/top-5-moments-hunter-biden-hearing

And I have a question of my own, that you may give me an answer to. Supposedly, both the defense lawyers and the ATTY. General Weiss are supposed to be top of the line legal minds. That being said, how or why did they come up with such an unacceptable plea agreement before the court?

And I offer one more clarification about Judge Maryellen Noreika, described only as a judge appointed by Trump (kind of giving a biased view of the judge).

If you look at her political affiliation, you will note it is Democrat.
https://en.wikipedia.org/wiki/Maryellen_Noreika

And, I can not remember where I read it, but she was well praised at her nomination hearing by both Democrat Senators from Delaware (Coons was one, I can't remember the other).

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