…Buried in the diversion agreement was a clause that gave Hunter blanket immunity for a wide range of other potential charges that could be filed by the Delaware US Attorney, including illegal foreign lobbying.
Judge Noreika said in the hearing that, due to federal rules, she could make a decision on the plea agreement but did not have a say on the diversion agreement – and complained that prosecutors had stashed the pivotal immunity clause in the latter document.
‘You’re saying I don’t even get to accept it, I guess I’m supposed to rubber stamp it,’ she said.
‘You’re telling me that I don’t have any role in it, and you’re leaving provisions of the plea agreement out and putting them into an agreement that you are not asking me to sign off on.’
Scharf said that such non-prosecution promises always appear in the plea agreement. But in this case, they were instead ‘hidden’ in the diversion agreement.
‘This was a way of hiding the ball both in federal court in Delaware, and in the court of public opinion, to give Hunter Biden a free pass on a decade of criminal activity not covered by the charges in this case,’ the former Missouri violent crime prosecutor said.
UPDATE: Here’s the Agreement Not to Prosecute:
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