“I think the objective was ensuring that DOJ would not prosecute Hunter Biden now, or in the future, for a wide swath of offenses relating to what I consider to be, you know, a broad international criminal conspiracy,” Scharf said.

“That’s FARA, influence peddling, the money laundering, the whole story,” he said. “It appears that they were trying to shoehorn that non-prosecution or immunity agreement into this case.”

Scharf said he executed hundreds of diversion agreements as a federal prosecutor. Yet, in his experience, training, or education, he had never heard of an agreement structured as Biden’s was.

The Biden agreement included language that gave Biden broad immunities from future prosecutions—language typically found in the plea deal, the graduate of Harvard Law School said.

While plea deals are public and approved by judges, diversion agreements are private and outside the purview of the courts, he said.

Both Weiss and the defense team had to understand there was a public perception problem, so they buried the non-prosecution language into the diversion agreement and then referred to the diversion agreement in the plea agreement, he said.

He said that by linking the two agreements, they attempted to get the judge’s backdoor approval of the non-public non-prosecution language.

“In the diversion agreement, they refer back to all the facts in the plea such that prosecuting Hunter would be impossible as long as he didn’t break the conditions of his probation in that diversion agreement,” Scharf said.

“If I’m not explaining it well, I apologize. It’s the strangest thing I’ve ever seen,” he said.

This is why Noreika balked at a constitutional problem because the linkage made the judge the arbiter of Biden’s conduct, not the Justice Department, he said. In that way, the judiciary branch would assume an executive branch function—an innovation the judge was not ready to validate. //

anon-adwq
38 minutes ago
Judge Noreika performed masterfully at the hearing. She was presented at the last minute with a "pardon for anything and everything" clause buried in a diversion agreement she was not allowed to reject. First of all, she found it. Second, her questioning at the hearing maneuvered Weiss into a statement the Biden team could not accept. This nullified the agreement in fact, so Judge Noreika could send them back to the drawing board. Game, set, match. Brilliant!

As for "Legendary Lowell", have fun! He is dealing with a judge that is thoroughly PO'd at the Biden team of shysters after they lied to her clerk and then tried to blame the grift on the clerk. He is just icing on the cake, particularly after attacking the prosecutor in open court. Some "Legendary Lawyer". Alligator mouth and hummingbird brain. Judge Noreika has already shut down all communication between her court and the "Legendary" Biden team except through her in person. That will speed things up! It will also mean that the person on the other end of the phone when the Biden team calls is on to their game and her attitude will range the full span from ticked off to p**sed off. I just wish I could be an observer in the corner - I would pay admission.