David Weiss Treats IRS Agents Who Accused Him of Misconduct as “Whistleblowers”

Hunter Biden is attempting to appeal the adverse decisions from both Maryellen Noreika and Mark Scarsi, both attempts for which there is no obvious basis to make an interlocutory appeal. As I’ll return to, in the Delaware case, David Weiss’ prosecutors are trying to prevent the appeal from delaying a not-yet established deadline for Hunter to reveal what he knows.

After the Ninth Circuit set a normal briefing schedule, with Hunter’s opening brief due on July 5 and the response a month later, after the scheduled trial date, Weiss moved to have that appeal dismissed on — facially at least — sound jurisdictional grounds, asking the court to dismiss this appeal by May 14, in time for existing pretrial deadlines.

Aside from its treatment of three prior Ninth Circuit plea agreement appeal attempts — two successful (including one Abbe Lowell cited in the Third Circuit) and one not — that motion is uninteresting. Except on one point: it calls the media campaign by the disgruntled, debunked IRS agents at the core of Hunter’s egregious misconduct claim “whistleblower disclosures.”

Defendant moved to dismiss the indictment for due process violations based on outrageous government conduct, specifically pointing to whistleblower disclosures to Congress and the media of alleged grand jury information in violation of Federal Rule of Criminal Procedure 6(e) and confidential tax return information in violation of 26 U.S.C. § 6103 by two IRS agents involved in the investigation of defendant. (GEX 55)

While it’s true that Congress made a big stink over covering the release of otherwise prohibited disclosures of taxpayer materials under a whistleblower claim, Hunter’s claim includes conduct that precedes that stink, and also includes grand jury materials and a non-jurisdictional committee not covered by such stink.

Plus, I find it especially weird for David Weiss, who testified to Congress that the disgruntled IRS agents were wrong about their claims as to his charging authority, to call them whistleblowers. Similarly, he told Congress that Lesley Wolf is “a person of integrity” and agreed that Wolf, “did her work on the Hunter Biden matter in a professional and unbiased manner without partisan or political considerations?” He even described remembering Gary Shapley’s “body language” at the October 7 meeting whence Shapley invented claims that formed the basis of his later media campaign. David Weiss’ testimony is inconsistent with calling those disclosures whistleblower disclosures.

So I find it odd that Weiss, here, treats the IRS agents as whistleblowers. He didn’t do so in his response to Hunter’s motion. Derek Hines called them whistleblowers once in the motions hearing before Judge Scarsi. Leo Wise, in his brazenly false claim that there’s no proof the IRS agents affected the case, instead called them, “hyenas, baying at the moon.”

But then Abbe Lowell noted that the record before Scarsi included an instance where the agents “blew by” whistleblower procedures.

I’ll ask you to look at what we’ve put in as — and what the record shows about just compare what the IRS — and by the way, earlier, you called them whistleblowers. I know that that’s a word. I am going to put that word in quotes for a variety of reasons because they were told what whistleblowers are supposed to do. They were even admonished to do anything they do the right way, and they blew past those warnings. And they blew past those warnings by doing that at a congressional committee. That’s not covered by the whistleblower statute or the whistleblower procedure.

It won’t matter for this appeal. And while I expect Weiss has totally misapprehended the nature of Lowell’s appeal, it is still highly likely that Weiss’ motion to dismiss this appeal will work.

But along the way, Weiss has ceded whistleblower status to the IRS agents who invented conspiracy theories about his own actions.

7 replies
  1. timbozone says:

    Ungh. I still continue to hope that Hunter Biden can get a fair hearing and just result in this politically inspired prosecution. Trump taints everything in this country, and this is just one more such stain to our system of justice.

  2. Fancy Chicken says:

    *sigh* Your recent detailings of HB’s adventures in CA and DE have been pretty depressing.

    We all have illogical reasons for hope and I had really hoped that Norieka was going to be stand up based on her ruling from your request to get those warrants. Instead it seems like she’s looking over her shoulder at Scarsi as she has dragged her feet on rulings and then, if I’m getting it right, not quite interpreting contract law correctly as to how it informs diversion agreements (or was it the plea bargain? I’ll go back and look it up).

    Anyway, I’m starting to get the feeling that the only hope for HB to get clear of these baying hyenas on his back is to land a sympathetic jury. In your clear-eyed analyses I haven’t seen you write about any real possibility for Lowell to exploit successfully.

    However, after seeing how Defendant 1 seems to be unspooling in front of our very eyes so early in his trial with even the weather conspiring against his campaigning, I have a sense of relief that HB’s trial will gather the usual outrage at Faux & Co. but that it won’t effect Papa Biden’s campaign all that much.

    Hell, no MSM is really doing any reporting HB’s trial except for short pieces on rulings like HB’s MTD.

    Well, keep up the bad news, lol! It’s crucial for there to be a detailing of this fiasco. I know you have chronicled many trials and legal shenanigans but I think your work documenting this case is one of the most important things you will have done in your career.

    Unless you can find a way to get Bill Bar in the pokey.

    • NYsportsfanSufferer says:

      I think one of the reasons Weiss is being such a dick is because the media isn’t paying attention and the judges at every turn are letting him get away with it. There’s no oversight in this case and that includes oversight from the AG and IG. How is nobody asking about what Weiss is doing?

  3. NYsportsfanSufferer says:

    How is the timeline of events not enough for a judge to say ‘what’s going on here?’ and let’s get to the bottom of this before a trial happens. How in the world would Lowell even get documented evidence into the Special Counsel’s behavior if he doesn’t have access to their communications? The timeline of how this all played out is pretty damning.

    And why did Judge Noreika completely ignore the Smirnov indictment? It absolutely does matter since it’s the reason Weiss reneged from the agreement before Hunter even walked into the courtroom last July. Does Hunter even have prayer for his appeal in the 3rd circuit to work? Doesn’t seem like it. After the Smirnov indictment, if Weiss was actually in good faith and the investigation is over, Weiss should’ve went back to Hunter with the plea/diversion deal they agreed to.

    One other thing I realized is Hunter resigned from Burisma 5 years ago this month. Isn’t the FARA sol 5 years?

  4. Susan D Einbinder says:

    Is this shoddy work now standard in law, or are both of these judges abnormal (in the statistical sense) in terms of keeping accurate track of facts? It’s quite disturbing to read about how often mistakes have been made.

    • bmaz says:

      Please understand that things being hyped by the media, including here, are about 1% of the actual “law” being done in courts (and admin agencies), state and federal, across the US.

  5. Savage Librarian says:

    Special Donning

    Who’s meming memes,
    Who’s scheming schemes,
    Who’s building hassles high?
    Smirnov pass-through
    gotcha to who?
    Just like good cheats amplify,
    we know the limelight has conning,
    And Weiss, his own special donning.

    Who’s forever blowing whistles,
    tricky whistles for the air?
    Lie after lie,
    Who has a fall guy?
    And in their schemes
    rules don’t apply,
    Is it law-abiding?
    They don’t really care,
    Who’s forever blowing whistles,
    tricky whistles for the air?

    In shadows creep
    stories they reap,
    Slippery slope their way,
    Then a mistake
    could make or break
    a few words uttered astray,
    “Habeas, you seem so near me,
    Habeas, please don’t come jeer me!”

    Who’s forever blowing whistles,
    tricky whistles for the air?
    Lie after lie,
    Who has a fall guy?
    And in their schemes
    rules don’t apply,
    Is it law-abiding?
    They don’t really care,
    Who’s forever blowing whistles,
    tricky whistles for the air?


    “I’m Forever Blowing Bubbles chromatic harmonica”

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