Last Week In Legal: The Storm has started.
Jury Selection in the Stormy Daniels case, "Gold Bars" Bob wants to throw his wife under the bus, and Fischer v US has its day in SCOTUS.
Hunter Biden Legal Troubles
Hunter has filed another interlocutory appeal, this time in the Delaware gun case. He once again claims that because he completed the terms of the previous plea deal that never actually happened, the DOJ is overstepping by bringing the charges for falsifying his Form 4473. The Third Circuit Court of Appeals has asked for briefs before it decides about taking the case. Special Prosecutor David Weiss says this is nothing more than an attempt to stall the trial. Hunter says the trial should be put on pause during the appeal process.
It is interesting to watch Hunter Biden’s lawyers use many of the same tactics and arguments the Trump legal team has been trying. So far, things like the multiple motions to dismiss have not worked for either man. Trump managed to get his DC case put on hold during an appeal to SCOTUS on the Presidential Immunity question, but otherwise, most of his other stall tactics failed. Hunter will lose this appeal. The previous plea deal fell apart and was never entered into the system or agreed to by the pre-trial diversion department; thus, it cannot be accepted by the courts as legitimate.
Meanwhile, Rep. James Comer has promised to release criminal referrals in the ongoing Congressional investigation “within weeks.” The thinking is that because the GOP does not have the votes for an impeachment, sending criminal referrals to the DOJ is the best option to close out the investigation. Keep in mind that the DOJ does not have to act on a Congressional criminal referral, so chances are good that nothing will come out of this investigation.
Business Fraud Case
AG Letitia James has filed a request for Judge Engoron to reject the bond put up by Knight Specialty Insurance Company. She has a justifiable reason to do so. It turns out that the $175 million “cash” Trump claimed he gave to KSIC was actually not cash at all but a Schwab Brokerage account full of stocks and bonds worth about $175 million. Even worse, the Trump Trust did not actually give the account to KSIC. They gave KSIC a lien on the account.
AG James also points out that KSIC was “found by federal authorities to have operated affiliated companies within KSIC’s holding company structure in violation of federal law on multiple occasions within the past several years.” Because KSIC does not have the funds to back up the bond, as well as its ties to the Cayman Islands, the company appears to be unable to satisfy New York law surrounding court bonds.
KSIC owner Don Hankey told Reuters that he charged the Trump Org a very low fee because he didn’t think there was a large risk with this bond. "We thought it would be an easy procedure that wouldn't involve other legal problems, and it's not turning out that way. We probably didn't charge enough. We have been getting a lot of emails, a lot of phone calls. Maybe that's part of the reason he had trouble with other insurance companies."