Did the Biden Administration Just Give a Boost To the Hunter Biden Defense?
Below is my column in the New York Post on the implications of the recent civil lawsuit against Steve Wynn for allegedly working as an agent for China. The lawsuit was brought under the Foreign Agents Registration Act. The timing of the shift to civil penalties is significant given the ongoing investigation of Hunter Biden for possible FARA violations. The decision of the Biden Administration to move away from criminal charges under FARA could prove highly advantageous for Hunter Biden.
Here is the column:
The Justice Department this week sued former casino mogul Steve Wynn for allegedly working as an agent for China. The lawsuit under the Foreign Agents Registration Act is bad news for Wynn, but it may be a win for another potential target: Hunter Biden.
By bringing this action as a civil lawsuit, the Justice Department may have undercut the ongoing investigation by David Weiss, the US attorney for Delaware, into Hunter Biden’s foreign dealings. This civil suit doesn’t necessarily bar Weiss, but Biden’s team can now argue that criminally charging him with a FARA violation would be inconsistent with contemporary investigations.
I recently testified in Congress on FARA prosecutions and noted that the Justice Department had largely dropped civil actions under the act in favor of criminal charges. Special counsel Robert Mueller targeted various Trump officials with FARA, using the law to investigate, search or charge attorneys from Paul Manafort to Rudy Giuliani to Victoria Toensing.
I testified earlier that “after ramping up prosecutions in the last decade, the Justice Department has created precedent for the criminalization of what were previously treated as administrative violations. From Paul Manafort to the current investigation of Hunter Biden, there remain questions as to whether Justice Department will operate under a single, coherent and predictable standard.”
Some in the administration may be hoping that this charge will compel a consistent approach that would effectively decriminalize any violations under investigation in Delaware.
The feds sued Wynn over his effort to intervene in the case of Chinese businessman Guo Wengui, a billionaire real-estate magnate and critic of the Chinese government. Beijing wanted the businessman back in China and hoped to persuade the US government to deny him a visa.
Wynn spoke to President Donald Trump about the case, a call that carried added weight due to Wynn’s position as the Republican National Committee’s finance chairman.
Wynn has interests in Macau, and his intervention was allegedly appreciated by high-ranking Chinese officials. The Justice Department asked Wynn to register as an agent, but he declined.
What is most striking about this case is how serious it is, particularly compared with past criminal cases like the prosecution of Paul Manafort. Here, Sun Lijun, then the Chinese vice minister for public security, was allegedly organizing the lobbying effort in 2017 and contacted figures like Elliott Broidy, a former RNC finance chairman, and Nickie Lum Davis, a top Trump fundraiser. Both Broidy and Davis later pleaded guilty in prosecutions.
The question is why Broidy was criminally prosecuted in 2020 under FARA, including for work on the Guo matter, yet the Biden administration suddenly decided that the Wynn part of the deals should be treated as a civil matter. This is coming at the very time a grand jury is reportedly considering charges against Hunter Biden that could include FARA violations.
Wynn not only allegedly acted at the request of Chinese officials but was able to make direct contact with Trump to lobby him on the issue. He had no apparent interest in Guo, who would face a dire future if deported to China. But he had major financial interests in China, and the investigation yielded other criminal charges.
A huge high-profile case like Wynn’s is not simply left to local prosecutors. Main Justice is often involved in such investigations and charging decisions. Other agencies can also be involved.
https://jonathanturley.org/2022/05/22/did-the-biden-administration-just-give-a-boost-to-the-hunter-biden-defense/