How About Hunter? Justice Department Adds FARA Charge to Menendez Prosecution

Below is my column in the New York Post on issuance of superseding indictments for Sen. Bob Menendez, his wife, and associates to include new charges related to his alleged work as unregistered foreign agents. The new charges not only highlight the alleged corrupt practices of Sen. Menendez, but also the absence of such charges for Hunter Biden.

Here is the column:

The Justice Department this week hit Sen. Bob Menendez (D-NJ) with a superseding indictment including a new but all-too-familiar charge: being an unregistered foreign agent under the Foreign Agents Registration Act (FARA).

I cannot recall another sitting member of Congress being criminally charged as a foreign agent.

Yet even if this is the first such case, the charge has been freely used by the Justice Department in all but one case: Hunter Biden.

The indictment accuses Menendez of being a foreign agent on behalf of Egypt.

Also charged under the law is Menendez’s wife, Nadine, and Egyptian American businessman Wael Hana.

After they discussed various foreign policy priorities at one dinner, Nadine is quoted as asking her Egyptian counterparts, “What else can the love of my life do for you?”

The government alleges that the couple agreed to have Menendez “use his power and authority to facilitate such sales and financing to Egypt.” In addition to other benefits, the government alleges that Hana promised to put Nadine on the payroll of his company in a “low-or-no-show job.”

The indictment further alleges that the senator disclosed “nonpublic information about the United States’s provision of military aid to Egypt” during a dinner with Hana in 2018.

It also claims that the senator “secretly edited and ghost-wrote” a letter “on behalf of Egypt” trying to convince other senators to release a hold on $300 million in aid to the country.

The inclusion of the FARA charge against Menendez, his wife and his associate only highlights the absence of any such charge against President Biden’s son Hunter.

For years, some of us have raised the glaring contradiction in how the Justice Department has approached the Hunter Biden case with its treatment of past defendants like Donald Trump associate Paul Manafort.

The Justice Department has been quick to indictment Manafort and others on FARA charges, but continues to prevaricate over such a charge for the president’s son.

Indeed, when Menendez was charged, I wrote about the striking similarities in the cases, including the gifts and benefits showered on both men.

They remain similar in every way except the charges.

FARA covers anyone acting as “agent of a foreign principal,” including but not limited to (1) attempting to influence federal officials or the public on domestic or foreign policy or the political or public interests in favor of a foreign country; (2) collecting or disbursing money and or other things of value within the United States; or (3) representing the interests of the foreign principal before U.S. Government officials or agencies.

It is sweeping. So is the definition of what a “foreign principal” encompasses, including “a foreign government, a foreign political party, any person outside the United States (except U.S. citizens who are domiciled within the United States), and any entity organized under the laws of a foreign country or having its principal place of business in a foreign country.”

It is easy to see why FARA charges have been quickly brought in cases ranging from Manafort to Menendez. It is less clear why such charges remains strikingly absent from the Hunter case.

In Hunter’s case, he was selling what associate Devon Archer called the “Biden brand” and asking, to paraphrase Nadine Menendez,  “What else can [my dad] do for you?”

The House committees have confirmed not only millions transferred to Hunter and other Biden family members, but direct contacts made by Hunter with federal officials and agencies in relation to his foreign clients.

Archer described how Burisma executives told Hunter that they were worried about the anti-corruption investigation of Ukrainian Prosecutor-General Viktor Shokin.

Archer testified that Hunter immediately “called D.C.” in response to the plea.

Shokin was later fired at Vice President Joe Biden’s demand.

In shaking down a Chinese source for more money, Hunter reportedly sent a WhatsApp message that reminded him that “The Bidens are the best at doing exactly what Chairman wants.”

The message was to Gongwen (“Kevin”) Dong, a CEFC China Energy executive with close ties to the Chinese government, and included a threat that “I am sitting here with my father and we would like to understand why the commitment made has not been fulfilled … I will make certain that between the man sitting next to me and every person he knows and my ability to forever hold a grudge that you will regret not following my direction. I am sitting here waiting for the call with my father.”

Throughout his open influence-peddling, emails show Hunter was fully aware of the risk of being charged under FARA.

The problem with FARA is that it would require the Bidens to publicly acknowledge their work as foreign agents and, by extension, their massive influence-peddling operation.

In one message, Hunter addressed his work for the Chinese CEFC energy company and warned:

“No matter what it will need to be a US company at some level in order for us to make bids on federal and state funded projects. Also We [sic] don’t want to have to register as foreign agents under the FCPA which is much more expansive than people who should know choose not to know. James has very particular opinions about this so I would ask him about the foreign entity.”

“James” is his uncle Jim Biden, who has also been regularly accused of corrupt influence-peddling tied to Joe Biden.

In the message, Hunter gets it. The law is indeed “expansive.”

His uncle clearly gets it. The question is why the Justice Department gets it in every case except those with targets named Biden.

For many, the question is not whether Hunter has acted as an agent of foreign principals but whether the Justice Department is acting as an agent of the principal Biden.

Jonathan Turley is an attorney and professor at George Washington University Law School.

 

 

113 thoughts on “How About Hunter? Justice Department Adds FARA Charge to Menendez Prosecution”

  1. Sympathy for the Devil

    I am beginning to feel some affection for Menendez because he seems like a fairly typical, ordinary, American crook, unlike the far more dangerous criminals in the administration and bureaucracies who seem bent on destroying this country.

    And I doubt he is being prosecuted for mere crimes. That isn’t done so much these days.
    Somewhere there may be a malignant political motive behind all of it.

    On a jury I think I would be tempted to acquit because between him and the people behind his prosecution I think he is the lesser devil by a wide margin.

    1. Young– Menendez reminds me of many of the cons I prosecuted in an earlier life. I never condoned what they did but to me they seemed friendly, smart, and got their thrills by outsmarting people that should have known better. The money, for most, really was secondary (although a strong second). I probably would vote not guilty as well.

      As to why Menendez is being prosecuted and Hunter is not, I think guyventner hit the nail on the head in an earlier post. Menendez was opposed to Obama paying money to Iran for the nuclear agreement and cozying up to Cuba and the Senator did not keep it a secret. It makes sense that Biden’s people (many of whom earned their bones while with Obama) would want him indicted to silence a powerful Senator who was sure to be a vocal critic of releasing $6 billion to Iran.

      1. Honest–

        Thank you! That Is the type of explanation that makes sense with this corrupt administration.

        They could care less about ordinary crimes, real or manufactured, other than as tools to get at anyone in their way.

  2. “We’ll know our disinformation program is complete when everything the American public believes is false.”

    – William Casey, CIA Director

  3. Jonathan: I think your periodic columns about Hunter Biden are a distraction. A distraction from the continuing chaos in the House GOP caucus–that has yet to choose a new Speaker. Scalise had to back out because he didn’t have the votes–probably because more moderate GOP members didn’t like the optics of voting for a racist and former member of the KKK. Jim Jordan is the apparent frontrunner but he is also having a problem getting the votes–probably because he supported DJT’s insurrection and refused to certify the election of Joe Biden.

    And there is more chaos. Some wealthy GOP donors are refusing to give money to the 8 MAGA Republicans who voted to oust McCarthy–including Matt Gaetz and Nancy Mace. Andy Sabin, a big-time GOP donor says: “They are total pieces of s—“. They want McCarthy re-elected because he was a “fundraising juggernaut”.

    The Dems are not just standing back–amused by the total dysfunction in the House GOP caucus–which they probably are. A group of Dems have written a letter to House Speaker Pro Tempore, Patrick McHenry, to give him temporary authority to allow the House to take up urgent bills including government funding and foreign aid to Israel. Any chance McHenry will want to get back to doing the people’s business? Nope.

    It has been 2 weeks since McCarthy’s ouster. Do you think the narcissists in the MAGA controlled House will find a new Speaker anytime soon? No. They have formed a circular firing squad that portends more chaos!

    1. Dennis: thank you. There are FAR more serious topics that deserve discussion by someone with a legal background–most especially, the impending genocide of the Palestinian people and to what extent the US will be complicit or use this as an opportunity to push Israel to agree to a two-state solution, which is the only long-term way to end the violence and skirmishes. If Palestinians are treated humanely and have a homeland in which they can live without being subject to Israel’s control, they’d probably turn in members of Hamas–which is what Israel SAYS it’s trying to do. However, indiscriminate bombing of people who, up to a short while ago, had no means of escape, appears more geared toward genocide and revenge than trying to capture Hamas. Then, there are the hostages, whose lives are at risk. There are also reports from Amnesty International and Human Rights Watch, complete with photos identifying shells known to contain white phosphorous, that Israel is shelling Gaza with these devices, knowing that it has not been evacuated. I don’t know if these reports are true, but if they are, using an incendiary device that burns at almost 5,000 degrees fahrenheit, and from which humans cannot survive, is not only cruel, it is a violation of international law. Then, there’s the fact that Israel has cut off food, water, electricity and gas to Gaza, knowing that hospitals there have been relying on back-up generator power, which will soon stop because there’s no gasoline to keep them going. Hospitals are caring for wounded civilians, especially children. There are many legal and moral issues far more worthy of discussion than Hunter Biden–but Turley isn’t paid to discuss them–he’s here to keep the “Hunter Biden Scandal” narrative going.

      1. They will genocide whomever they want in the gaza strip though admittedly your people genocide millions of babies every year so you have absolutely no room to talk. NONE.
        If all you murderers and murderer supporters want to give up all your super murder support and get along instead, that would be great.
        I predict none of the 3 of you will, not demoncrats not israelites and not gazans

      2. “If Palestinians are treated humanely and have a homeland in which they can live without being subject to Israel’s control, they’d probably turn in members of Hamas–which is what Israel SAYS it’s trying to do.”

        Not big on history are you?

      1. The Constitution is conservative. America was conservative. The American Founders were conservatives.

        So the American Founders and subsequently elected officials were “incapable of governing” conservatively per the Constitution from 1789 to 1860, after which “Crazy Abe” destroyed America and American freedom, commencing the incremental implementation of the principles of communism.

  4. By Jove, I think the Professor’s got it! The name Menendez is certainly not the same as Biden and, therefore, he’s come to realize that an entirely different set of legal standards apply.

    The Professor needs to get up to date on the laws under our esteemed Two-Tiered System of Justice as mandated by our holy Banana Republic. The Constitution is considered passé by legal modernists.

  5. Jonathan: I have only one Q. Special Counsel David Weiss has been investigating Hunter Biden since 2018. That’s 5 years. If Weiss thought he had proof beyond a reasonable doubt that Hunter violated FARA don’t you think he would have filed charges by now?

    I share the view of Anonymous (the sane one) “That seems to be the only problem Hunter Biden’s critics have, a lack of clear and convincing evidence. Professor Turley has only been able to show things that ‘look’ like evidence. Not clear and convincing evidence that would fly in court” (10/14@11:11am)

    There was clear and convincing evidence against Manafort and Menendez. All you have are allegations but nothing in the way clear and convincing evidence against Hunter. That’s the difference.

    1. To coin a phrase U.S. Attorney David C. Weiss made himself:
      – “𝐈𝐓’𝐒 𝐓𝐇𝐄 𝐃𝐄𝐋𝐄𝐖𝐀𝐑𝐄 𝐖𝐀𝐘” –

      RE:
      𝐓𝐡𝐢𝐬 𝐛𝐮𝐬𝐢𝐧𝐞𝐬𝐬𝐦𝐚𝐧 — 𝐰𝐡𝐨 𝐰𝐞𝐧𝐭 𝐭𝐨 𝐩𝐫𝐢𝐬𝐨𝐧 𝐟𝐨𝐫 𝟐 𝐲𝐞𝐚𝐫𝐬 𝐟𝐨𝐫 𝐜𝐨𝐫𝐫𝐮𝐩𝐭 𝐝𝐨𝐧𝐚𝐭𝐢𝐨𝐧𝐬 𝐭𝐨 𝐁𝐢𝐝𝐞𝐧 — 𝐫𝐞𝐜𝐞𝐢𝐯𝐞𝐝 𝐣𝐚𝐢𝐥 𝐭𝐢𝐦𝐞 𝐟𝐫𝐨𝐦 𝐭𝐡𝐞 𝐟𝐞𝐝𝐬 𝐛𝐞𝐜𝐚𝐮𝐬𝐞 𝐡𝐞 𝐡𝐚𝐝 𝐰𝐫𝐨𝐧𝐠 𝐥𝐚𝐬𝐭 𝐧𝐚𝐦𝐞

      “… It was during Tigani’s 2012 sentencing that then-First Assistant US Attorney David Weiss used the phrase “𝐭𝐡𝐞 𝐃𝐞𝐥𝐚𝐰𝐚𝐫𝐞 𝐖𝐚𝐲” to describe “a form of soft corruption, intersecting business and political interests, which has existed in this state for years.” …”

      By: Miranda Devine ~ Published June 21, 2023 | Updated June 22, 2023
      https://nypost.com/2023/06/21/this-delaware-businessman-received-jail-time-from-the-feds-because-he-wasnt-a-biden/

    2. “If Weiss thought he had proof beyond a reasonable doubt that Hunter violated FARA don’t you think he would have filed charges by now?”

      No, absolutely not, obviously not. DUH
      “I have total authority.” DW jew
      “Yes, totally true for real” MG jew
      “I filed but did not have total authority, I was blocked in California and ..” DW still a jew
      “What. I have no idea if that’s true, I , Attorney General, buck stopper, swore to not interfere, as Sgt Schultz my favorite Nazi says: ” I KNOW NOTHING !!!” I don’t do my job and I won’t find out. Attacking Trump has to the total go ahead, since I won’t stop anyone letting all demoncrats off the hook and slaughtering that nazi Trump. Did I just say that out loud? I was thinking it. It was real in my mind. I deny everything, as every good nazi demoncrat has post WW2.” MG on how to battle the “nazis” by being a nazi still a jew.

      Since these biden people are unreliable, maybe we should ask other biden top drawer traitors his cabinet.

      janet yellen Treasury jew
      mayorkas Security jew
      haines Intelligence jew
      klain Chief of Staff jew
      blinken Sec state jew
      nuland Political A jew
      sherman Dsos jew
      lander Scitech jew
      cohen CIA jew

      Oh, nevermind, they all agree.

  6. I enjoy reading the comments posted by others here.
    It makes it very easy to determine those who believe and defend the opinions from Mainstream Media, those who fail to think for themselves,those who can not or will not, do their own research on any issues presented.

    1. As a college grad of 1972, I can also determine who has attended universities in the last 4 decades or so, their opinions are mere iterations of the indoctrinations they have received from ersatz professors (more commonly known as brainwashers). There is no original thoughts, nor references to anything other than current blowhards and propagandists. None of them ever reference historical comparisons etc. It is tiring, boring and useless to read most post from that side of the aisle because they are the vapid, hate-filled TDS sufferings of the braindead. Worst of all is their hubris based on their willful ignorance of their own ignorance.

  7. A few quick points: Menendez’s Senate seat may turn Republican if New Jersey voters get their act together —
    As unlikely as that may sound, there could come a day in the future, no one knows exactly when, when Joe’s son Hunter may become the target: the target of a truly serious set of allegations, or perhaps target of another kind? roughly 75 million voters voted against the Biden-Harris ticket in 2020 —there are a lot of those voters, together with a few million disenchanted Dem voters who chose Biden, who want something done about the Biden family corruption, and the Democrat Party/Media corruption protecting Joe and the Party from serious legal consequences. If legal action won’t be taken where it is clearly warranted, will ‘extra-legal’ action be taken?

    1. If it has to come to that then we are, in fact, a banana republic because the prog/left has so infiltrated, corrupted and indoctrinated our DOJ and LEO departments that there is not Rule of Law left to support us as a legitimate government.

  8. JT indicates that Hunter was aware of the legal FARA line and recounts an instance where Hunter attempts not to cross it. So given that, it would be good for JT to further explain where he thinks Hunter’s specific actions were fine from a FARA perspective and where he thinks they were not.

    1. So given that, it would be good for JT to further explain …

      Questions are good ways to learn. Answers though cost money. How much money do your DNC Handlers budget for their trolls and their promotional lies efforts? if you thought the Chinese Communsists paid Joe Biden a ridiculous amount of money to gain access to the Biden brand via his drug addict son, you might want to circle back with your handlers before proceeding

  9. As the Top Man’s consigliere, Hunter is still royalty and cannot and will not be punished beyond a pittance.
    Menendez will sleep with the fishes for not paying his vig.

    1. If we must invoke The Godfather, Hunter is parallel to Santino. The heir-apparent. Consigliere, parallel to Hagen, might be Morris. Who knows for sure. Omerta and all.

      1. Old Greorge—Joe Biden is definitely Fredo, and It’s time for someone to take him fishing. 🙂

  10. The obvious double standard of justice is horrible for the future of this country. These things don’t go away, they simmer in people’s minds until they have had enough. I worry for the future of this republic.

    1. I think this is our “white” version of how blacks have felt for generations.

  11. Menendez isn’t indicted for his crime
    Head of the Foreign Relations against payments to Iran

    @SenatorMenendez indicted 2 times…both times
    as Democrats Gave Billions to America Hating Iran!
    7/15 Obama $2 Billion to Iran..
    4/15 Menendez was indicted
    8/23 Biden give $6 Billion to Iran
    8/ 23 Menendez indicted

  12. Don’t you know, this Menendez fiasco is supposed to take our eyes off of the much worse biden crime family?

  13. I am at the point where I honestly believe there is nothing we can do about the current crop of senior dems, we really do have a regime running the show. Awfully convenient timing for all of it given how the inquiry was heating up. Now McCarthy’s gone, the whistle blowers are gone, and dems may regain de facto control of the House if they can sway five Republicans – I do not know what to say. Neither Hunter or Joe are going to pay for anything. I do think it means we need to be even more dogged about shining the light, though – the evidence needs to live on.

    Nobody can convince me that after their 2016 loss, dems didn’t orchestrate a full-throttle soft coup, and at all of our expense.

    1. The socialists in our government have been orchestrating a “soft coup” since FDR took office in 1932. If we had been smart enough to do 2 things, (elect Nixon instead of Kennedy, and truly listen to the message rather than the man when Joe McCarthy was screaming about communists in our government) we might not be in this mess. LBJ and his “Great Society” legislation send us on a rocket slide to h*ll and now they are just mopping up the final steps needed to destroy us.

      1. Good comment whimsicalmama. While the Framers didn’t use the term soft coup, I believe they had the concept in mind as they designed our system of government. What they didn’t envision was the development of the psychological warfare tools that would be deployed against the American people. That founding generation needed to be convinced this new form of government was the best way to secure their natural born rights. It was the form they should trust, but never the people that animate it. Tragically, the people got it backwards. I have no doubt that there has been a soft coup happening from the beginning. We didn’t get this massive, administrative state and $33 trillion in debt because those in the bureaucracy were committed to our constitutional form of government. And we didn’t get this way without generations of citizens being psychologically coerced to trust those elected to defy their sinful nature. It’s probably too late to reverse it.

    2. Nobody can convince me that after their 2016 loss, dems didn’t orchestrate a full-throttle soft coup, and at all of our expense.

      James, JT’s blog has been a running case study of the effects of our own Intel communities psychological warfare campaign against our own citizens. Before 2016, it was somewhat murky. But since then, the effects have been blatantly obvious. Whether we call them demoralized (Bezmenov), or hypnotized (Desmet), it’s not difficult to figure out who on this blog has a firm grasp on reality and those controlled by the campaign. Hint: those in the latter group defend the regime.

    3. A woman can’t be half pregnant.

      Mortal enemies can’t conduct half a coup.

      America can’t be fundamentally transformed outside of the constitutional amendment process…

      but it has been since “Crazy Abe” Lincoln’s “Reign of Terror.”

      America is firmly under Karl Marx’s “dictatorship of the hired help.”

      Get used to it.
      ________________

      Merriam-Webster

      coup

      noun
      ˈkü
      plural coups ˈküz

      1 : a sudden decisive exercise of force in politics and especially the violent overthrow or alteration of an existing government by a small group : coup d’état
      _______________________________________________________________________________________________________________________________________________________________________

      “We are five days away from fundamentally transforming the United States of America.”

      – Barack Obama
      ______________

      “We will stop him.”

      – Peter Strzok to FBI paramour Lisa Page
      ___________________________________

      “[Obama] wants to know everything we’re doing.”

      – Lisa Page to FBI paramour Peter Strzok
      ___________________________________

      “I want to believe the path you threw out for consideration in Andy’s office — that there’s no way he gets elected — but I’m afraid we can’t take that risk It’s like an insurance policy in the unlikely event you die before 40.”

      – Peter Strzok to FBI parmour Lisa Page
      _________________________________

      “People on the 7th floor to include Director are fired up about this [Trump] server.”

      – Bill Priestap
      ___________

      The Obama Coup D’etat in America is the most egregious abuse of power and the most prodigious crime in American political history. The co-conspirators are:

      Kevin Clinesmith, Bill Taylor, Eric Ciaramella, Rosenstein, Mueller/Team, Andrew Weissmann,

      James Comey, Christopher Wray, McCabe, Strozk, Page, Laycock, Kadzic, Sally Yates,

      James Baker, Bruce Ohr, Nellie Ohr, Priestap, Kortan, Campbell, Sir Richard Dearlove,

      Christopher Steele, Simpson, Joseph Mifsud, Alexander Downer, Stefan “The Walrus” Halper,

      Azra Turk, Kerry, Hillary, Huma, Mills, Brennan, Gina Haspel, Clapper, Lerner, Farkas, Power,

      Lynch, Rice, Jarrett, Holder, Brazile, Sessions (patsy), Nadler, Schiff, Pelosi, Obama,

      Joe Biden, James E. Boasberg, Emmet Sullivan, Gen. Milley, George Soros, John McCain,

      Marc Elias, Igor Danchenko, Fiona Hill, Charles H. Dolan, Jake Sullivan, Strobe Talbot,

      Cody Shear, Victoria Nuland, Ray “Red Hat” Epps, Don Berlin, Kathy Ruemmler, Rodney Joffe,

      Paul Vixie, L. Jean Camp, Andrew Whitney, Lisa O. Monaco et al.

  14. Prediction: Hunter will never, ever be convicted of serious charges. At most, he’ll get a fine, community service, and an ankle monitor. Want to bet against me?

  15. I think at the end of the day if we ever get the truth, my guess is Sen. Menendez saw the Bidens and others getting rich by selling influence so he and his wife got on the gravy train.
    On the subject of FARA, why isn’t Rashida Tlaib charged as being a foreign agent for the PLO and Hamas?

    1. Because multi-culturalism is our greatest strength. Just ask the globalists.
      Two tiers.
      “FARA was enacted in 1938 primarily to counter Nazi propaganda, with an initial focus on criminal prosecution of subversive activities; since 1966, enforcement has shifted mostly to civil penalties and voluntary compliance.” google

      We know from the hundreds of news reports many never file FARA and for decades the government just said if someone got a hair, well, post it up – we’ll check back in some time and remind you, it’s all good.

  16. Well stated! We have the Department of Injustice running the show with a lightweight at the helm who needs to be prosecuted and serve real time, as a co conspirator to the Biden Crime Family…

  17. The FARA violations for Menendez are even clearer for Hunter Biden and his millions that he scammed from Burisma in Ukraine. Just continue to replay the video of Joe Biden threatening to fire the Ukrainian prosecutor at Hunter’s trial. Hell, even Jack Smith could handle that right ?

Comments are closed.