The Department of Justice caused a outcry this weekend when it filed a notice to a federal court on a Saturday that it should move ahead and order the jailing of Hunter Biden’s former business associate and friend, Devon Archer. That came less than 48 hours before Archer was scheduled to give potentially explosive testimony on the Biden corruption scandal. The Justice Department decided that the matter was so urgent that it required a weekend filing before Archer testifies. The optics could not be worse and many took the letter as an effort to intimidate Archer. Then the next day the Justice Department sent a second letter to the court saying it can wait to arrest him after he testifies. After the debacle in Delaware where the Justice Department seemed entirely confused on its own filings, the letters only reaffirmed the image of a department adrift in this expanding scandal.
On Saturday, the Justice Department told Judge Ronnie Abrams of the Southern District of New York that the court should move toward ordering the incarceration of Archer. The timing was viewed by many as intimidating and was reminiscent of the IRS visiting the home of journalist Matt Taibbi on the day that he was testifying to disclose the government’s massive censorship program. (Later, the ranking Democratic member Rep. Stacey Plaskett (D-VI) suggested that Taibbi could be arrested for perjury).
The Justice Department then sent a second letter to the court saying that it can wait: ‘To be clear, the Government does not request (and has never requested) that the defendant [Archer] surrender before his Congressional testimony.” Archer can testify . . . and then we can incarcerate him.
The letters seem to be speaking to Congress, the public, and, of course, Archer rather than the court itself. The Justice Department continues to stumble through this scandal. While it allowed major felonies to expire in the Hunter Biden investigation, it seems on a hair trigger for those who may accuse him or the Department of wrongdoing.
It often seems like the Justice Department under Merrick Garland is a series of step-on-the-rake moments.
It appears to me that the last-minute change probably came about when DOJ had a discussion with Archer’s attorney and can only surmise that assurances were given to the DOJ that Archer’s testimony will not further expose Biden and family of any wrongdoing and not because of the appearance of not allowing him to testify. Let’s see what develops today. It may have all the hallmarking’s of a Wray testimony.
Maybe it’s just the cynic in me, but I suspect Archer is less interested in justice than he is in a presidential pardon. I hope events prove me wrong.
Interesting perspective, Diogenes! I hope that you are wrong too!
According to early reports, looks like I am wrong, Catherine. It’s sad for the country; sadder still for the Democrats. I hope swing voters take the Democrats to the woodshed for this government coverup. If they don’t, no telling how sad it will get.
Diogenes, that is less cynicism and more realism. I too pray, for the sake of this country, that you are wrong.
Olly, Archer was never under oath and he carefully hedged his testimony. I fear I was right after all.
Diogenes, I understand that the sentence is one year and one day. Joe Biden’s term doesn’t end for well over a year. I understand that appeals are ongoing, but I don’t see a pardon in the wind, though a reduction in time served might occur. Maybe, as some honest pundits have suggested, Archer wants to let the truth out and distance himself from the mess.
I hope you’re right, Alan, but no oath suggests to me this is a con.
Diogenes, I do not trust politicians, nor anyone else that deals with the government. You seem to have some distinct ideas which I seem to be missing. I did not realize Archer was not under oath and fail to understand such a process. I also don’t know why the meeting was in a closed committee. Those two things make me uneasy.
The question is, was Archer’s testimony a con? Was your opinion based solely on the fact he wasn’t under oath, something I didn’t immediately know? The other troubling process was that the committee wasn’t open. While my ideas on impeachment haven’t changed, my thoughts about Archer are wide open. Could a reversal of his statements place him in jeopardy? Would it benefit Joe Biden to give him a pardon? I understand more is coming out later this week, and I wonder if Archer’s testimony, though important, is necessary in the long run.
I hope you fill us in on your ideas regarding Archer.
Interesting how the Justice Department under the corrupt Nixon Administration was a paragon of integrity and efficiency compared to this group.
More evidence of a two-tiered justice system, a corrupt DOJ and a compliant MSM.
When Trump is elected in 2024 he should require every swinging dick to offer their resignation in the FBI and DOJ.
Except them and then fire them on the spot.
Professor Turley, Respectfully, you need to hire me as a proof reader. The errors I saw in this article, and others, can change the intent of your article.
You are correct Barbara. A real shame for this very valuable blog.
Barbara and Wise Old, don’t forego the steak just because the green beans were over cooked. The meat of this siteis a daily joy for me and many others. Yes, some editing or fine tuning would be useful, but complaining about nits can make you nuts.
The errors I saw in this article, and others, can change the intent of your article.
Dear Barbara, it would appear that your services would be of better use at the DOJ.
The weekend filing is, how shall I put it, “Res ipsa loquitur.”
Do not forget that the IRS showed up at Matt Taibbi’s house on the Saturday before his testimony. We are not fully into the realm of a Soviet Style administration. Totally unprecedented. Manafort was treated like a prisoner in Lubyanka for the same alleged crimes that Hunter would have been given lifetime immunity from prosecution of the judge had accepted the plea bargain. We are in uncharted territory.
Seems like “optics” no longer concern the Democrats, as they are confident that their liberal media will smooth-over any rough spots, or hide them outright. Must be nice to be in the power seat without having to worry about the opposition or the people, because the “free” 4th Estate is so utterly corrupt that it’ll do your dirty work for you.
A line I liked from Michael Barrone went something like: ‘The founders gave us a free press. Nobody said it had to be fair.’
You are correct, GioCon – except that I think that we have lost the Fourth Estate.
As many long-time Detectives, Investigators, and Special Agents will tell you, the best information in a criminal case usually comes from someone on the inside. Today should be a barn-burner in the Capitol. Whatever you think of Devon Archer, he has a lot of guts putting crosshairs on his back right before he reports to prison. Hey Devon ? Does the name Epstein ring any bells ??? Thank you, Jonathan, for an excellent article.
Better step on rakes reference is the DeSantis campaign.
https://www.daytondailynews.com/nation-world/week-in-cartoons-elon-musk-barbie-and-more/J4M7FDO56RFUBJTZ36WXXXNBFE/
“Archer can testify . . . and then we can incarcerate him.”
Uh, he has already been convicted and sentenced and lost his appeal. He is going to be incarcerated at some point whether he testifies or not.
Pepper: Correct – which means the only purpose for the DOJ letters was to intimidate the witness before the taking of his congressional deposition.
“He is going to be incarcerated at some point . . .”
Since his lawyer has stated that they are considering further appeals, how do you know that?
The step-on-the-rakes moment(s) came during the Delaware hearing with Judge Noreika. But BEFORE the hearing the DOJ and Hunter thought they were pretty clever and about to get away with some sinister plea-agreement slight of hand:
Step on rakes? You mean corrupt.
The mere fact that we can openly discuss the corruption is good news. The bad news is that we have so many among us who are either willfully ignorant, totally unaware of their state of ignorance or, and this is the worst part, gleefully aware that they are destroying this nation. What will end this nation is the ineffectual response of those of us who know all this and sit back and only blog about the impending tragedy.
What do you suggest be done by the common man or woman?
Congress needs to withhold all funding of DOJ immediately to send them an message that two can play this game.
They aren’t even trying to hide it anymore.
DOJ to Americans:
“Yes, we are shielding President Biden.
Yes, Hunter got a sweetheart deal.
Yes, there are two tiers of justice.
What are you going to do about it?”
We are in Germany 1930’s style fascism
Once again, Turley leaves out the basic facts for the reader’s understanding, in order to push the Republican narrative.
What Turley does not mention is: Archer was convicted of a crime and sentenced to a year in prison in February 2022. He was out on bond pending appeal. Archer lost that appeal and the Appellate court issued its mandate to the trial court on July 25, 2023. This is what prompted the DOJ’s letter to the court and the timing – hey, he lost his appeal – time to schedule him for prison.
Pretty routine stuff when someone loses an appeal and were out on bond pending appeal, unless you are part of the right wing media or a conspiracy theorist (or both).
So you understand then the odds of these filings being made on a Saturday, mm?
Did you not read the sentence where he stated that it was the worst optics possible? I don’t see any Republican narrative. Anybody would find the timing laughable and utterly stupid. How could anyone not see conspiracy in that bone-headed decision? The level of intelligence at the DOJ is not reassuring. If the lawyers running it were in private practice, I don’t think they would be successful in many cases, especially without the weight of the US government behind them.
If the lawyers running the DOJ were in private practice, there would be litigation resulting from their failure to toll the statute of limitations on tax years 2014 and 2015. Hmmm! Let’s think. Who is the government’s client?
The statute-of-limitations debacle has happened repeatedly. Such lapses in a high-profile case are not accidental. It is proof of the DOJ’s political corruption.
The bonding company is notified by the court that an appeal was lost and the bond will terminate on a date certain. Then it’s up to the court to move to incarcerate the appellant. No urging to expedite the process is required by DOJ but you knew that already. Unless you were somehow protecting Biden.
All belied by the weekend filing. Tell me, are weekend filings the normal way this is communicated to a judge? I’ll wait.
“. . . he lost his appeal – time to schedule him for prison.”
I guess you didn’t feel like mentioning the fact that according to Archer’s attorney, they are considering further appeals. And that therefore it is “premature” to schedule him for jail.
He left it out because we are all damn well aware of it, because we choose to be informed, rather than exist in the alt-left echo chamber. Routine saturday filing indeed…
What the DOJ is can only be expressed in words unprintable.