Andy McCarthy: They were trying to do a political exercise and got caught
Fox News contributors Andy McCarthy, Jonathan Turley, and William McGurn and former Biden campaign surrogate Kevin Walling dissect the implosion of Hunter Biden's plea deal on 'The Story.'
President Biden's continued denials of knowledge of and involvement in his son's business dealings will only become more scrutinized now that his son Hunter's "sweetheart" plea deal appeared to implode in Wilmington federal court, critics told Fox News on Wednesday.
George Washington University law professor Jonathan Turley said it is "extremely rare" for such a circumstance, comparing what happened in court to a wedding where the minister asks if any of the assembled object, and both the bride and groom do so.
In court, Trump-appointed Judge Maryellen Noreika asked Delaware federal prosecutor Leo Wise whether an ongoing investigation into the defendant still continues. Wise answered in the affirmative, but declined to elaborate, leading Biden attorney Christopher Clark to later disagree with the prospect of a future FARA (Foreign Agent Registration Act) violation charge.
At that point, the plea deal fell apart, as both Wise and Clark made comments to that effect and Noreika questioned the constitutionality of the original agreement. Hunter Biden ultimately pled not guilty.
WH DENIALS OF JOE BIDEN'S KNOWLEDGE OF HUNTER DEALS TAKE ‘SIGNIFICANT SHIFT'
Cast of the CBS television series "Hogan's Heroes" - John Banner as Sgt. Hans Schultz, Werner Klemperer as Col. Wilhelm Klink and Bob Crane as Colonel Robert Hogan. (CBS via Getty)
"It's just weird because usually you work these things out in advance, but the judge has an obligation to make sure that the defendant and the government have a very clear idea of what is implicated here… and they clearly didn't have that agreement," Turley told "The Story."
Turley said the current state of the case leaves Hunter in the worst possible situation, where he has no plea protection, and U.S. Attorney David Weiss can bring any or all remaining counts against him – including what would be weighty FARA allegations.
Hunter now faces a "real chance of jail time" if the feds go forward with the normal course of action in such cases, which is to bring all cogent charges to the table.
Wall Street Journal editorial writer and former Bush speechwriter William McGurn also commented on the case, saying the plea deal relied on neither side, nor Noreika, asking pertinent questions.
IRS WHISTLEBLOWER: ‘INDEPENDENT ATTORNEY’ NEEDED IN HUNTER CASE
Then-World Food Program USA Board Chairman Hunter Biden and Joe Biden. (Paul Morigi/Getty Images for World Food Program USA)
He said Wise's team had to say the case against Hunter is "ongoing" because that has been what has procedurally shielded Weiss and Attorney General Merrick Garland from responding to congressional inquiries.
"I think Hunter Biden, of course, is a real loser immediately. But I think Joe Biden is a big loser down the road," he said.
McGurn compared President Biden's tact regarding the case to that of John Banner's character in the popular 1960s sitcom "Hogan's Heroes."
"Every day there's more and more information in Congress casting doubt in his claims, the kind of ‘Sergeant Schultz defense’ -- I know nothing about [Hunter]."
Banner's character, Luftwaffe Sgt. Hans Schultz, carried out a notably absent-minded job of guarding Allied prisoners at the fictional Stalag-13 POW camp in Germany, where he was often outsmarted by the prisoners' commanding officer, Bob Crane's US Army Col. Robert Hogan.
Whenever he was pressed on whether he witnessed hijinks or sabotage by Hogan's "heroes," he would adamantly respond "I know nothing."
McGurn said President Biden's "Sgt. Schultz defense" will likely take another hit next week when former Hunter business partner Devon Archer – facing a prison term on securities fraud charges – testifies about their foreign dealings in a transcribed congressional hearing.
He said Archer is expected to be asked whether Joe Biden was on speakerphone while Hunter discussed business, adding his ignorance defense then "becomes unsustainable."
"The White House is still not accepting reality. They've been let off the hook so far by few reporters are willing to press them," McGurn said.
Rep. Jason Smith, the Missouri Republican leading the House Ways and Means Committee with its probe into Hunter Biden, commented on the IRS whistleblower facet of the first son's case, saying that they recently asked for cooperation in passing along their own findings to Noreika.
He rejected an assertion made on MSNBC by Obama-era Michigan federal prosecutor Barbara McQuade, who called such congressional involvement improper, and an attempt to influence proceedings.
Smith said he received no cooperation from Garland or Weiss, and had to hire an attorney to work on the committee's behalf in the matter.
"I would have to disagree with [McQuade] because in fact, this has happened numerous times: Members of Congress file amicus briefs all the time in different cases, both criminal and civil," he said.