Foundation, House Comm Chairman, and Activist Professor File Oppositions to Hunter Plea Deal

WASHINGTON - July 25, 2023 - PRLog -- Foundation, House Comm Chairman, and Activist Professor File Oppositions to Hunter Plea Deal
Judge Is Now Able to Take Judicial Notice of Damning Evidence in Official Government Documents

WASHINGTON, D.C. (July 26, 2023) - The judge who today will review the plea deal for Hunter Biden now has before her has, in the record. an array of incriminating documents which strongly suggest that he engaged in a variety of felonies which ordinarily would result in a prison sentence, and that there was improper and perhaps illegal political interference with the investigation and plea deal being offered to him.

Because this evidence - including congressional testimony under oath and a just-release FBI report [FBI FD-1023] - are official government documents, the judge can and arguably should take judicial notice of their existence and their contents, argues public interest law professor John Banzhaf who says: "While justice should be blind, a judge cannot be blind to compelling evidence against approving the plea deal at this time."

The law professor - whose earlier filings helped obtain special prosecutors for then-president Richard Nixon, and whose later filing triggered the criminal investigation of Donald Trump in Georgia - wrote that taking judicial notice would mean that the judge would be forced to conclude that there is strong evidence suggesting that the plea should not be approved at this time.

Since the judge can take judicial notice of the existence of damning allegations made under oath, but not of their truth, Banzhaf suggests that, because the many documents create a prima facie case of serious wrongdoing which cannot be ignored, the judge investigate by requiring the parties to file additional information under oath, appoint a special master to conduct fact finding, or to herself conduct court hearings.

The activist law professor provided some of these documents, including the testimony under oath of two IRS whistleblowers, to federal Judge Maryellen Noreika.

Additional documents, and a 38-page brief amicus curiae, were filed by the Heritage Foundation.

Banzhaf explained that, although several Republican members of Congress claimed they have a "ton of evidence" of wrongdoing related to this plea deal, they had, up until today, surprisingly refused to file it with the judge so that she would be forced to consider it.

Therefore the professor asked the Heritage Foundation to put this material on the record, which they have now done.

jbanzhaf3ATgmail.com   @profbanzhaf