Garland’s Theater of The Absurd: Why the Hunter Biden Scandal is No Longer a Laughing Matter

Below is my column in the New York Post on the expanding scandal surrounding the Hunter Biden investigation. Even CNN legal analysts are now calling the handling of the investigation at the Justice Department an “unholy mess.” The responsibility for this theater of the absurd is Attorney General Merrick Garland who has again shown a lack of strength and leadership at a key moment for his department.

Here is the column:

“There is a time to laugh and a time not to laugh, and this is not one of them.”

Those words from Inspector Jacques Clouseau may have to be emblazoned across the hearing room of the House Oversight Committee. It was a month ago that House Democratic members mocked the testimony of two whistleblowers who testified about the rigged investigation to protect Hunter Biden, the son of President Biden.

Now it appears that the controversial “sweetheart deal” was not the first choice of US Attorney David Weiss. He actually was planning to let Hunter walk without even a misdemeanor charge despite massive unpaid taxes, gun violations, and work as an unregistered foreign agent, among other alleged crimes.

The reason for his change at Justice, according to the New York Times? Those pesky whistleblowers.

One of the most insulting moments for the respected IRS agents came from ranking member Jamie Raskin (D-Md.), who mocked the allegations as part of “this Inspector Clouseau-style quest for something that doesn’t exist [that] has turned our committee into a theater of the absurd, an exercise in futility and embarrassment.”

Raskin assured the public that these “disagreements” are “routine” matters in investigations (a position echoed by his junior colleague, Rep. Dan Goldman of New York). The IRS agents tried to object that they had never seen anything like what happened in this case.

Then the case became anything but a laughing matter for Democrats. The plea agreement with Hunter Biden collapsed within minutes of a federal judge asking a few basic questions.

When District Judge Maryellen Noreika balked at sweeping language on immunity, she asked the prosecutor if he had ever seen any agreement like this one. He answered “no” and the deal quickly fell apart, with Hunter Biden’s lawyer finally saying exasperatedly, “Just rip it up.”

The language was anything but routine.

Then an FBI agent spoke to Congress and confirmed testimony of the IRS agents, including that Hunter Biden was tipped off on an attempt to interview him. The agent said they were forced to sit a block away and told not to approach the house. The interview was then cut off. He described being “upset” and how this was not routine.

The New York Times, which has spent years downplaying the Hunter Biden scandal, has published an internal account of the investigation. The Times reported that US Attorney David Weiss was actually preparing to let Hunter walk “without requiring a guilty plea on any charges.” However, that  “changed in the spring, around the time a pair of IRS officials on the case accused the Justice Department of hamstringing the investigation. Mr. Weiss suddenly demanded that Mr. Biden plead guilty to committing tax offenses.”

In other words, according to the Times, those two mocked whistleblowers prompted the Justice Department to prosecute. Why would that be?

Attorney General Merrick Garland insisted that no political pressure or political considerations would affect the investigation.

Yet it appears that the Biden team did raise the potential embarrassment for the president and the Justice Department if Hunter faced serious charges. New emails reveal that Hunter Biden’s lawyers told the prosecutors that, if there were serious charges, it would be President Biden in the spotlight.

Hunter’s lawyer Chris Clark (who just asked the court to be allowed to leave the Biden team) wrote Weiss and the prosecutors that the best thing for everyone was to just walk away: “This of all cases justifies neither the spectacle of a sitting President testifying at a criminal trial nor the potential for a resulting Constitutional crisis.”

So the Justice Department had the Biden team warning that it needed to avoid the embarrassment for the president from any trial while their own investigators were threatening to reveal embarrassing details on the special treatment afforded to Hunter.

The solution appeared to be a plea deal that would involve minor crimes with no jail time. The appearance of prosecution without any real consequences for the Bidens. No time would be served and, again, the investigation could be shut down without further complications or controversy.

Then the wheels fell off in court and left everyone in a bit of a muddle.

There was no way now to kill the case.

There was no way to ink the original plea deal.

Congress was calling Weiss and key Justice Department figures to answer questions about this investigation, the compromised investigation, and the sweetheart deal.

Weiss had agreed to supply answers when he thought the plea deal was a done deal. Now that “spectacle” was becoming more and more likely.

It got even worse. If Merrick Garland finally yielded to demands for a special counsel, the regulations specified that the person had to come from outside the Justice Department. That meant it could not be Weiss. That person would presumably start by reviewing not just the evidence but the crimes that might have been charged years earlier.

Yet the Justice Department reportedly allowed the statute of limitations to run on major crimes, including the tax offenses related to the suspicious payments to Hunter Biden from Ukraine and other countries.

Garland decided to violate the regulations and appoint the most controversial person (with the possible exception of Hunter himself) to offer an independent examination of the case: Weiss.

While Weiss may be able to justify his actions or contest these allegations, he is clearly viewed as compromised by many in the public. He stands accused of running an allegedly fixed investigation and, now according to the Times, only pursued the “sweetheart deal” when whistleblowers moved to expose the allegations of special treatment for the president’s son.

The question is why, knowing the distrust over the past handling of the investigation, Garland would make an appointment guaranteed to further deepen that unease. According to a new ABC News/Ipsos poll, almost half of Americans lack trust that the Justice Department will conduct the Hunter Biden investigation in a “fair and nonpartisan manner.”

For these Democratic members and Garland, the case has truly become the “theater of the absurd” that Raskin predicted … only no one is laughing.

Jonathan Turley is an attorney and professor at George Washington University Law School.

369 thoughts on “Garland’s Theater of The Absurd: Why the Hunter Biden Scandal is No Longer a Laughing Matter”

  1. Jonathan
    For those of you who don’t think I am the smartest person on the planet, I woke up this morning with a burning desire to come here and deposit my daily keyboard diarrhea. Jan 6 Jan 6 Jan 6 Jan 6 Jan 6 Jan 6 Jan 6
    Insurrection!!! Rebellion!!!
    Yea, yea, i know, nobody has been charged with either of those crimes, but thats what it was, cuz i say so, and i am the smartest guy i know! I should be charging $850 an hour just for coming here to school you and your ignorant fanboys.
    There were Thousands of Proud Boys there that day, and there are millions of them in the US. They earnestly sought to overthrow our government, and very nearly succeeded.
    Trump Trump Trump Trump Trump Trump

    There’s a red under my bed
    And there’s a little orange man in my head
    And he said, “You’re not going crazy, you’re just a bit sad
    ‘Cause there’s a man in ya, gnawing ya, tearing ya into two”

    1. Do you use the same drugs as Hunter, your statement sounds like he looks, and is no doubt created by an entity with the number of brain cells. No wonder Demorats vote for the Obamas, Clintons, Bidens of the world.

      1. Yes, Jane, read it again, after you have read Dennis’ post. I think it will make more sense to you then. Dick Head Mac appears to be Dennis’ more well spoken partner in Delusionland. I don’t mean to speak for him, but I think his purpose is to show in a lighthearted, comical way, just how pointless it is for Dennis to come to this site everday, sometimes several times a day, and dump his keyboard diarrhea for the “unwashed masses”.

        1. And I think he intends to keep dumping in Dennis’ footsteps for as long as Dennis keeps coiming here….

  2. “The Proud Boys and the Oath Keepers were the right-wing military foot soldiers for DJT.”

    That’s funny.

    Now do the Left and its Antifa/BLM foot soldiers.

    1. I think it is more accurate to call Antifa the Brown Shirts of the Left rather than foot soldiers for the Left. Some may say that is a quibble, but there is a big difference between a foot soldier and a Brown Shirt.

  3. Jonathan: For those of you who think Jan. 6 was just a “protest that became a riot” here is a reality check. The Proud Boys were not out to engage in a peaceful protest. The Proud Boys and the Oath Keepers were the right-wing military foot soldiers for DJT. Back in May, PB leader Enrique and 3 others were found guilty by a jury of several federal crimes including seditious conspiracy. In a press release the DOJ said: “…in the months leading up to Jan. 6 the defendants plotted to oppose by force the lawful transfer of presidential power, and to prevent the Members of Congress,…from discharging their duties”.

    Another PB member, Chris Worrell, was convicted at a bench trial of similar crimes–but not including seditious conspiracy. Some of the bad acts Worrell was involved in included pepper spraying Capitol police. He has been in home detention and was due to sentenced last Friday. But now Worrell is missing. He is on the lamb. A bench arrest warrant has been issued and the FBI is looking for Worrell. No doubt when Worrell is finally captured and returned his sentence will be doubled!

    So now Worrell is trying to avoid accountable. He is a coward who thinks, like DJT and others who planned Jan. 6, that he is above the law. Robert Blake, who played “Baretta” in the 1970s TV detective series, said it best: “If you can’t do the time, don’t do the crime”.

    1. BLM protests, at their best, became deadly riots after 7 PM in most cities in 2020. Black bloc groups used poor people as stalking horses to disguise their attacks on banks and businesses in downtown areas. Indeed, the significance of the siege of the federal court house in Portland was ignored completely.

      You named two groups. How were their actions intertwined with others? How many players out of the 10’s of thousands there were there? If they wanted to cause insurrection, why not bring guns?

    2. Watch this clip to understand what’s behind the riots and ‘wild’ fires…..
      Drive down the real estate property values with lawlessness, drugs, crime, riots, fires…….then Blackrock, et al, swoop in to buy it all up at deep discount…..so they can Build Back Better….it’s planned chaos…..not random…..just like J6 was “planned” and Pelosi, Wray, et al, knew the “plan”….funny she’s never had to answer a single question under oath….subpoena Pelosi!

      https://rumble.com/v38urxm-fire-sale.html

    3. “Jonathan: For those of you who think Jan. 6 was just a “protest that became a riot” here is a reality check.”

      Dennis, the reality check is that you thought the Constitution said a person had to plead guilty in order to get a Presidential pardon. hat is not in the Constitution. As a self proclaimed lawyer, that doesn’t make anyone want to trust anything you say.

      https://jonathanturley.org/2023/08/20/lock-him-up-the-excitement-over-trump-in-prison-is-tellingly-premature/comment-page-1/#comment-2315330

    4. Dennis
      If i didnt know better, i’d say this Dick Head McGillicutty fellow is mocking you.

      But nvm that. Please tell us which of these was a lie.

      “Democrats are for violence for the right reasons”——Dennis

      “Trump is the only one calling for violence”——Dennis

      For those of you who don’t think I am the smartest person on the planet, I woke up this morning with a burning desire to come here and deposit my daily keyboard diarrhea. Jan 6 Jan 6 Jan 6 Jan 6 Jan 6 Jan 6 Jan 6
      Insurrection!!! Rebellion!!!
      Yea, yea, i know, nobody has been charged with either of those crimes, but thats what it was, cuz i say so, and i am the smartest guy i know! I should be charging $850 an hour just for coming here to school you and your ignorant fanboys.
      There were Thousands of Proud Boys there that day, and there are millions of them in the US. They earnestly sought to overthrow our government, and very nearly succeeded.
      Trump Trump Trump Trump Trump Trump

      There’s a red under my bed
      And there’s a little orange man in my head
      And he said, “You’re not going crazy, you’re just a bit sad
      ‘Cause there’s a man in ya, gnawing ya, tearing ya into two”

    1. I mean, seriously! How can you not believe this corruption for and on behalf of Democrats? No one else in the country would get the kid-glove treatment that Biden, the Clintons, Pelosi, McCaskill, and myriad other dems have received. Not even close.
      The DoJ leans into the blindfold of Justice when the case involves Dems; and the media runs interference to distract from the blatant two-tier justice system.

      Might as well make it official and rename Garland’s enterprise “the Department of Just Us.”

  4. Meanwhile, there’s this:

    BUSTED – Fox News and Martha MacCallum Caught Presenting Koch Brothers Activist as Fake GOP Voter in Wisconsin to Support Ron DeSantis
    https://theconservativetreehouse.com/blog/2023/08/22/busted-fox-news-and-martha-maccallum-caught-presenting-koch-brothers-activist-as-fake-gop-voter-in-wisconsin-to-support-ron-desantis/

    I know that the FCC doesn’t have the same rules covering cable TV as it has covering broadcast TV, but surely there are SOME rules about perpetrating a fraud by having a Fox host interview a paid Kock Bros. activist and pretend that he’s just a random republican voter while promoting the upcoming Fox LOSERS “debate.”

    I’d LOVE to read Professor Turley’s opinion about the LEGALITY of Fox pretending that a paid Koch-Bros. activist is just some random republican voter who happens to support Jeb DeSantis. This smells a LOT like fraud. If this nonsense is legal, they might just as well let Jeb DeSantis go on Fox and pretend to cure someone who can’t walk by laying on of hands.

    1. Don’t hold your breath for JT. From all outward appearances…

      Biden = evil must be stopped at all costs even if testimony from those accusing him is weird, has aspects of perjury in it, and really is more about his son getting lots of money for being the son of a VP.

      Trump = pure has 1st amendment rights that trump any other law on the books. His kids can make $2 billion from foreign interests while employees of the United States, Nothing to see here, everything trump does is protected by his first amendment right to say and do anything he wants.

      1. “His kids can make $2 billion from foreign interests “

        You have a right to look closely because of the relationships, but this was investigated because Trump had been President. It was found legal and normal. Kushner did not get $2 Billion. People and entities invest in Affinity Partners to earn money, just like you might invest in Tesla stock. This investment did not happen during the Trump Presidency The Saudis are not stupid and kept a mechanism to hold back considerable sums until they could see their money invested profitably.

        Biden’s money was based on Biden being VP and what he could do as VP. We saw the power he held over the Ukrainians when he involved himself in the internal politics of another country (not supposed to happen) and had Shokin fired.

        Keep your eyes open on Kushner. That is what you should do, but Trump isn’t President, and there are tangible assets that are traceable. To date it is totally legal and likely will remain so.. That is where the problems with Biden differ. There was no consideration for the money except if you call the use of VP power consideration. However, using such power in that way is known as corruption.

        1. Like I said, trump is pure and can do no harm. If you believe the $2 billion is because kuchner is so brilliant, so be it.

          1. Bob, here is some information on the Biden Ukraine scandal. Solomon has been following this continuously. All significant items are proved. He provides the needed documentation each time he writes a column. You can go to the site and link to the documentation. That is something you don’t get from the MSM.

            If you want to accuse Trump of bad things, go ahead, I might agree, but provide proof. The MSM is not a source of proof, neither are Fox News or CNN. Hard documents are available for you to look at yourself and decide. That is what you should be dealing with.

            ” Shokin himself even got a letter from the State Department declaring it was “impressed” with his reform efforts.” …

            “A few blocks away from the White House, Hunter Biden and his associates were trying to hire a crisis communications firm to deal with Shokin’s decision to revive a corruption investigation of the Burisma Holdings company where Hunter Biden served as a board member and received $1 million a year in compensation, according to documents reviewed by Just the News.” …

            Make sure you read this section to understand what happened: “Joe Biden’s team makes an abrupt change to U.S. policy” (“By the time Biden got to Kyiv on Dec. 8-9, 2015, he had further altered the plan, deciding to threaten withholding the loan guarantees” “the career officials at State, Justice, and Treasury actually recommended Ukraine receive the $1 billion because Shokin’s office was making adequate progress in reforming the fight against endemic corruption in Ukraine. Even Biden’s own talking points recommended he offer the loan guarantee.”)

            Take note of the links, like the one to Kent’s actual email.

            https://justthenews.com/sites/default/files/2022-02/KentBurismaEmailNov222016.pdf

            If you wish, I would like a thoughtful discussion on this article.

            https://justthenews.com/accountability/political-ethics/wedas-hunter-biden-struggled-burisma-fallout-his-father-moved-fire?utm_source=daily&utm_medium=email&utm_campaign=newsletter

          2. “trump is pure and can do no harm. “

            Bob, like I always say, all politicians must be watched, and Trump is not pure, but to date, his actions as President have been restrained and probably more transparent than any other President of the 21st century.

            To prevent Presidents from abusing their power, the public must know what the President has done based on fact. I understand you don’t like Trump, and that is fine, but if you wish to accuse him of something, you should at least have some details and proof.

            I provided you with an outline of proof regarding Biden. I also explained the $2 Billion deal investigated under a Democrat regime that hates Trump. Nothing illegal or different from normal was found. If you have further information, provide it.

            I am interested in dialogue and not cheap shots, though we all engage in them. You have the chance to stand up for the Biden administration and shoot down the Trump one. Use fact, not rhetoric, meant to be cheap shots to attack rather than discuss.

    2. >”This smells a LOT like fraud.”

      I can track flea spore over solid rock .. . but when you’re sitting in the OUTHOUSE it’s hard to smell fraud.

      It’s not only LEGAL, it’s SOP (although many states ban electioneering near physical polling places.).

      electioneering
      [əˌlekSHəˈniriNG]
      NOUN
      active and energetic participation in the activities of an election campaign/political campaign:
      “many states ban electioneering near physical polling places”

      >”If this nonsense is legal, they might just as well let Jeb DeSantis go on Fox and pretend to cure someone who can’t walk by laying on of hands.’

      You’re mixing metaphors here, not to diminish Jeb DeSantis’ skills of laying on hands and curing the infirm. I think the metaphysical metaphor you’re looking for is called ‘speaking in tongues’ .. .

  5. Garland illegally appointed Weiss as Special Prosecutor and he knows it. Hell it’s why he did it when the plea deal collapsed. See any conviction Weiss secures is subject to jurisdictional challenge (which can be raised anytime) unless it’s a plea deal and the jurisdiction is waived. See what’s going on here. A conviction will be challenged but another “I love you” plea deal won’t.

  6. While there have been calls for a special prosecutor for years, Attorney General Merrick Garland named Mr. Weiss special counsel only this month, shortly after Mr. Weiss was publicly humiliated in a federal courtroom by the implosion of the plea deal he reached with Hunter Biden. The deal collapsed because prosecutors were unable to defend it when the judge asked some basic questions.

    Basic questions.

    1. Moi, or Professor Turley?

      See, I’m thinking international conspiracy, influence peddling, quid pro quo, bribery, tax evasion, money laundering, abject corruption et al. are criminal, nay, treasonous, and the perpetrators are “deluded” anti-constitutional, anti-American communists, not to put too fine a point on it.

      Read, Mr. Doug. I think he’s really, really smart.
      ______________________________________

      “As a practicing lawyer myself, I keep wondering why no one, including well-qualified lawyers like Turley or Andrew McCarthy, emphasize that what Garland, Weiss and his DOJ team are doing, working in complicity with Hunter Biden’s defense team to fashion a sweetheart deal, not only breaches legal professional ethics, justifying disbarment, but is flat-out obstruction of justice, for which they could and should be criminally charged. Frankly, both are very solid cases, almost no-brainers.”

      – mrdoug1

    2. Jonathan

      Can you respond to this please?

      The world According to Anonymous.

      1. You cannot convict someone of a crime, or even bring them to trial, without “incontrovertible proof” of their guilt.

      I submit that the standard “beyond a reasonable doubt” is a figment of your imagination.

      In fact, I will be handling Alex Murdaugh’s appeals on the grounds that the court inappropriately applied the “beyond a reasonable doubt” standard and not the “incontrovertible proof” standard.

      2. You cannot even submit evidence in a trial unless you have “incontrovertible proof” of guilt.

      Admittedly, I don’t know who decides ahead of time whether the state’s evidence is proof or not. But lets not get bogged down in the details.
      I wish i was Kohlbergs attorney, I would definitely move to exclude the state’s mountain of evidence on the grounds that they don’t have “incontrovertible proof” that he viciously slaughtered those four kids. Game over.

      3. Evidence is not admissible if its not illegal activity.

      So the DNA on the knife sheath, not admissible as evidence. The phone records, not admissible. The video of my car, not admissible. My association with one of the victims, not admissible.

      I think you’ll agree with me that based on this, Kohlberg walks and Murdauch wins on appeal.

      “They have no evidence!!!!!”
      Anonymous

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