The new letter, also signed by US Attorney Damian Williams, reads that "The Government writes to follow up on its July 29, 2023 letter apprising the Court of the Second Circuit's mandate affirming the judgement of conviction in this matter."
"The Government," it continues, "understands that the defendant is scheduled to provide testimony to Congress tomorrow, July 31, 2023. To be clear the Government does not request (and has never requested) that the defendant surrender before his Congressional testimony. As the Court knows, to surrender and commence his sentence of imprisonment, the defendant first must be designated to a federal facility by the Bureau of Prisons—a process that can take several weeks or months after the Court sets a surrencer date."
"Nonetheless," it went on, "for the acoidance of all doubt, the Government requests that any surrender date, should the Court order one, be scheduled to occur after the defendant's Congressional testimonyy is completed."
This came after much social media backlash, claiming that the government was essentially trying to intimidate Archer prior to his testimony. Archer is expected to testify about phone calls that he was involved in with Hunter Biden for their shared business dealings in which Joe Biden, then VP, participated. This despite Biden claiming that he has had no involvement in his son's business dealings.
Devon Archer is expected to reveal what he knows about the business relationship between Joe Biden and his son Hunter. After a letter emerged saying that a reporting date must be set, Archer's attorney's said that Archer intends to report to Congress on Monday as planned.
“We are aware of speculation that the Department of Justice’s weekend request to have Mr. Archer report to prison is an attempt by the Biden administration to intimidate him in advance of his meeting with the House Oversight Committee,” Archer's attorney said in a statement.
“To be clear, Mr. Archer does not agree with that speculation. In any case, Mr. Archer will do what he has planned to do all along, which is to show up on Monday and to honestly answer the questions that are put to him by the Congressional investigators.”
The letter asked for a date to be set for Archer to report to prison after a 2018 conviction on charges to defraud a Native American tribe. Archer is still appealing the conviction, as he has been doing since the ruling. Archer's 1-year sentence was upheld by the Second Circuit Court of Appeals.
Archer was subpoenad by Rep. James Comer in June to testify before the House Oversight Committee. That interview will be transcribed, but behind closed doors.
“The Committee is investigating foreign nationals’ attempts to target and coerce high-ranking U.S. officials’ family members by providing money or other benefits in exchange for certain actions," Comer said. "The Committee is considering legislative solutions to this problem. The Committee has identified Mr. Archer as possessing information relevant to its investigation and seeks your client’s testimony regarding these and other related topics."
“Both information that the Committee has reviewed and public reporting indicates that Mr. Archer played a significant role in the Biden family’s business deals abroad," Comer continued, "including but not limited to China, Russia, and Ukraine. Additionally, while undertaking these ventures with the Biden family, [Mr. Archer] met with then-Vice President Biden on multiple occasions, including in the White House."
"Mr. Archer’s testimony is critical to the Committee’s investigation. Mr. Archer was Hunter Biden’s business partner in a number of transactions involving foreign nationals and foreign companies. Mr. Archer is associated with corporate entities that the Committee has identified and the Biden family’s role in each of them. Furthermore, he has significant information regarding the purpose of these companies and knowledge of relevant documents related to the Committee’s investigation."
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