GOP probes sweetheart deal offered to Hunter Biden
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00:00 - Joining me now, Saul Weisenberg,
00:01 former White House Deputy Independent Counsel
00:03 and a Fox News contributor.
00:04 Saul, it's been a while.
00:05 Good to have you back on the program.
00:06 A lot to take in here and a lot that we learned yesterday
00:10 from his former business partner.
00:11 How will this all come together now?
00:14 A, with the investigation by lawmakers
00:16 and B, whether or not a sweetheart plea deal
00:20 will eventually get cut.
00:22 What happens next?
00:23 - Well, they're two separate things.
00:28 What happens with Congress and what happens with DOJ.
00:31 DOJ is not gonna give much cooperation
00:34 or any cooperation to Congress on the issue
00:37 of why did the plea deal break down?
00:40 But it's important what Congress is doing
00:42 because the DOJ clearly is not doing its job
00:45 in the Hunter Biden investigation.
00:47 So the key point is, the key point to this deal,
00:52 this plea deal that blew up, was that both parties,
00:55 both sides, the government and Biden's attorneys
00:58 wanted plausible deniability.
01:01 Hunter Biden wanted, his attorneys wanted to be able to say,
01:04 "Hey, we've got a broad immunity agreement as part of this.
01:07 You can never prosecute us again, him again,
01:11 for just about anything that happened historically."
01:14 And DOJ wanted to be able to say,
01:16 "Nah, the language, it doesn't really say that."
01:19 So that they could keep saying to Congress,
01:21 "It's an ongoing investigation.
01:23 We don't wanna talk about it."
01:24 And the judge kept that from happening
01:27 and she kept it from happening
01:29 because a plea has to be knowing and voluntary.
01:33 And it was clear that the two sides had different views
01:37 of what the plea bargain was.
01:38 I do think there will ultimately be a plea bargain agreement
01:43 that the judge can accept.
01:44 - What does that eventually look like, do you think?
01:47 - I think he's not going, there won't be any more open issue
01:54 about how much it protects him from future prosecution
01:57 for non-tax related things.
01:59 I think that'll have to be made clear
02:02 what the charge bargaining, that's the term of art,
02:04 what the charge bargaining is.
02:06 And that's number one.
02:07 And number two, it'll have to be in the plea agreement
02:10 itself, not in this diversion,
02:12 pretrial diversion agreement.
02:14 That is what really upset the judge
02:16 because typically charge bargaining happens
02:19 in the plea agreement and the judge can say,
02:21 I accept it, I reject it, or I'm going to defer it.
02:25 By putting it into the diversion agreement,
02:28 they were robbing the judge of the ability to do that.
02:31 And so it's going to be there for all to see.
02:35 It's gonna be there and publicly available.
02:38 And I think that's what's going to happen.
02:41 But what the Congress can do,
02:44 because Merrick Garland and David Weiss
02:46 have already talked about who had what authority
02:51 in the Hunter Biden investigation within DOJ.
02:55 And they've discussed the whistleblower's testimony
02:58 to that extent.
02:59 And so those people need to be hauled in under oath,
03:02 Attorney General Garland, U.S. Attorney Weiss,
03:05 and Deputy AG Lisa Monaco,
03:08 because she is clearly the person who was talking
03:12 to David Weiss and telling him what he could or couldn't do.
03:14 And they just need to be asked simple questions
03:16 that they can answer without revealing details
03:19 of the investigation.
03:20 Questions like, did David Weiss call you
03:23 and ask for special attorney authority?
03:26 When he did so, what did you say to him?
03:28 Is it true that the U.S. Attorney in D.C.
03:32 refused to sanction charges against Hunter Biden?
03:34 And how is that consistent
03:36 with Attorney General Garland's statement
03:38 that there would be no political interference?
03:41 And same question for the U.S. Attorney in California,
03:44 who also declined to prosecute.
03:46 Those are the kind of questions that could
03:48 and should be answered under oath.
03:50 - And you get the sense, a lot of people sitting at home
03:52 have very similar questions, as the GOP noted
03:55 in their request for more information.
03:57 There are serious concerns about how the department
03:59 has handled this matter.
04:01 And American people certainly would wanna get
04:03 to the bottom of that.
04:04 Saul, great to have you on today.
04:05 Thank you so much.
04:06 - Thanks for having me.
04:09 - Hey, it's Will Cain.
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