Judge Warns Hunter Biden’s Lawyers They Could Face Sanctions

A judge told lawyers for Hunter Biden they could face sanctions over the allegation that one member from their law firm lied to the court clerk over the phone to get records pulled from the docket.

The threat from Delaware U.S. District Judge Maryellen Noreika came the night before a scheduled hearing to consider a plea deal for tax and gun violations that could keep the first son out of prison.

“It appears that the caller misrepresented her identity and who she worked for in an attempt to improperly convince the clerk’s office to remove the amicus materials from the docket,” Noreika said in an order on Tuesday, according to the Daily Mail.

“Therefore, it is hereby ordered that, on or before 9pm today on July 25, 2023, counsel for defendant shall show cause as to why sanctions should not be considered for misrepresentations to the court,” the judge added.

The controversy stems from an amicus brief filed by a law firm representing House Ways and Means Committee Chairman Jason Smith (R-MO), who encouraged the court to “consider” whistleblower testimony from Internal Revenue Service (IRS) agents claiming the criminal case led by Delaware’s U.S. Attorney David Weiss has been slow-walked in a way that precluded more serious charges against Biden.

Attorney General Merrick Garland has pushed back on claims of politicization. Weiss, who has insisted he had “full authority” to bring charges, was given approval by the Department of Justice (DOJ) to testify to Congress.

Biden’s lawyers claimed in court filings that the clerk pulled the document from Smith’s legal team “on their own accord.” Biden’s lawyers also indicated that they were concerned about “personal tax information” being visible and a call was made to inquire about them being placed under seal.

Smith’s attorney, Theodore Kittila, said his team “promptly contacted the clerk’s office, and we were advised that someone contacted the court representing that they worked with my office and that they were asking the court to remove” their filing from the docket.

“We immediately advised that this was inaccurate. The Clerk’s Office responded that we would need to re-file. We have done so now,” Kittila added.

In the judge’s order, Noreika ruled that the filing be kept under seal until at least the close of business on Wednesday, although the whistleblower testimony to the House Ways and Means Committee is already available for the public to view with light redactions.

New York Post columnist Miranda Devine posted screenshots of various emails between the camps, including one missive that was sent to Smith’s legal team from court official Sam Grimes apologizing for the “confusion” that ensued after a person named “Jessica Bengels” called and said “she worked with Theodore Kittila and it was important the document was removed immediately or they would could file a motion to seal.”

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Biden’s lawyers, with Latham & Watkins LLP, responded to the judge’s order claiming they had “no idea how the misunderstanding occurred, but our understanding is there was no misrepresentation.” They attached an affidavit from Jessica Bengels, the staff member who spoke with the clerk earlier in the day, in which she denied misrepresenting her firm affiliation.

At the hearing, which is scheduled for 10 a.m. on Wednesday, the judge can determine whether to allow or reject the plea deal struck between Biden’s lawyers and the DOJ.

Judge Blocks Biden Administration Border Policy Limiting Access To Illegal Immigrants Seeking Asylum

A Biden administration rule limiting immigrants other than Mexican nationals from seeking asylum in the United States was blocked Tuesday by a federal judge.

U.S. District Judge Jon S. Tigar ruled against the Biden administration order, which mirrors the Trump-era “transit ban” policy requiring migrants entering through the southern border to apply online first for protection in other countries they traveled through.

Tigar, a federal judge in California appointed by former President Obama, wrote in his 35-page decision that the rule violates a federal law allowing anyone to claim asylum while in the United States.

“The Court concludes that the Rule is contrary to law because it presumes ineligible for asylum noncitizens who enter between ports of entry, using a manner of entry that Congress expressly intended should not affect access to asylum,” Tigar wrote.

Tigar added that Biden’s rule also contradicts federal law “because it presumes ineligible for asylum noncitizens who fail to apply for protection in a transit country, despite Congress’s clear intent that such a factor should only limit access to asylum where the transit country actually presents a safe option.”

Millions of illegal immigrants have entered the U.S. under the Biden administration, forcing the president to change tactics in dealing with the influx at the southern border.

According to U.S. Customs and Border Protection data, more than 1.7 million migrant encounters occurred in fiscal 2021. Last year, border agents reported another 2.3 million crossings at the U.S.-Mexico border.

After the Biden administration ended Title 42, a Trump-era public health order that allowed for the immediate expulsion of illegal immigrants due to the pandemic, border agents encountered another nearly 145,000 migrants in June — a sharp decrease from the nearly 208,000 from June 2022.

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But just before Biden ended the public health order, the president sparked criticism from immigrant activists and legal challenges from civil rights groups for creating a newer version of Trump’s policy that limited access for third-country immigrants seeking asylum.

The groups who sued the Biden administration include the American Civil Liberties Union, ACLU of Northern California, the Center for Gender & Refugee Studies, and the National Immigrant Justice Center.

American Civil Liberties Union attorney Katrina Eiland, who argued the case, applauded the judge’s decision.

“The ruling is a victory, but each day the Biden administration prolongs the fight over its illegal ban, many people fleeing persecution and seeking safe harbor for their families are instead left in grave danger,” Eiland told The Associated Press. “The promise of America is to serve as a beacon of freedom and hope, and the administration can and should do better to fulfill this promise, rather than perpetuate cruel and ineffective policies that betray it.”

Judge Tigar delayed his ruling from taking effect immediately to give the Biden administration enough time to file an expected appeal.

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