A June 29 phone call between Heritage Foundation Lawyer Samuel Dewey and Department of Justice (DOJ) attorney Jason Lynch could indicate that the department is deciding if it wants to file a motion to delay Hunter Biden's July 26 plea deal hearing.
According to a court filing obtained by the Daily Mail, Dewey informed Lynch that the department could ask the judge to give them more time to process and release the communications records from Delaware prosecutor David Weiss.
"DoJ Counsel indicated that Plaintiffs [the Heritage Foundation] were 'absolutely right that the Department could file such a motion and that DoJ Counsel would take that point back to the 'District' (presumably speaking of the District of Delaware)," Dewey wrote in the filing.
Heritage Foundation oversight director Mike Howell told the Daily Mail, "They have the capability to move the plea deal, though they didn't indicate any likelihood they would." He added, "The public has an interest to assess for themselves: is this a sweetheart deal? It certainly appears to be."
"This information needs to be out and it's in the public interest for it to be out prior to any plea being signed off on," Howell concluded.
The Foundation is suing the DOJ for failing to release Weiss' records under a Freedom of Information Act request (FOIA). The request was seeking any communications or documents between the DoJ and Weiss' office regarding the Hunter Biden investigation.
Howell said that the foundation is looking for evidence to support whistleblower claims that Weiss was prevented from pursuing felony tax crimes against the first son after Attorney General Merrick Garland told the Senate Weiss had the power to do so.
The foundation lawsuit said, "If the whistleblowers are correct, U.S. Attorney Weiss' Office should have responsive records that will corroborate the whistleblowers."
"There are events so grave—so essential—to our constitutional order that if we are to keep our Republic, the American people must have a full accounting of the facts," it continued. "A state of affairs where there is a substantial question as to whether the Attorney General misled Congress is intolerable. That is why production of the records sought by Plaintiffs is essential. And why it is essential now."
According to IRS whistleblower Gary Shapley, Weiss told him that he "asked for special counsel authority from Main DOJ at that time and was denied that authority."
Republicans are looking for United States District Court District Delaware Judge Maryellen Norieka to deny the plea deal, which Howell called a "back door pardon."
"What they're essentially doing is giving Hunter Biden a pardon through other means by giving him this slap on the wrist when there's all this other bombshell whistleblower testimony and a pattern of shady business dealings from the Biden family," he said.
House speaker Keven McCarthy (R-CA) told reporters in June that the DOJ's actions show that there is a "two-tier system in America."
"If you are the president's leading political opponent, the DOJ tries to literally put you in jail and give you prison time. If you are the president's son, you get a sweetheart deal," he said at the time.
The whistleblowers testified that the Internal Revenue Service recommended two Felony Tax Evasion charges on the president's son for his 2014 and 2018 tax returns, which the DOJ changed to become misdemeanors. Hunter Biden is expected to plead guilty to the tax charges and have a gun possession charge dismissed.
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