In a recent development that has left many Republicans frustrated, a federal judge has demanded an explanation from Hunter Biden’s legal team over alleged misrepresentation to a court clerk. This debacle has raised serious questions about the integrity of the legal process and the actions of those involved.
Hunter Biden’s attorneys potentially face legal repercussions for an alleged misrepresentation to the court clerk. The issue is the alleged removal of information related to IRS whistleblowers from the case record. A member of Biden’s legal team, Jessica Bengels, a litigation services director based in New York, is accused of falsely identifying herself while requesting the removal of these materials.
Theodore Kittila, a legal representative involved in the case, informed Judge Maryellen Noreika of the alleged deception in a letter dated July 25. He stated that the court clerk’s office had been contacted by someone claiming to work with his office, requesting the removal of certain materials from the docket.
Judge Noreika has given Biden’s lawyers until 9 p.m. on Tuesday to explain from their perspective. The court order states that the caller, Ms. Jessica Bengels, claimed to work with Mr. Kittila and requested the removal of the amicus materials because they contained sensitive grand jury, taxpayer, and social security information.
The judge noted that the caller misrepresented her identity and who she worked for in an attempt to convince the clerk’s office to remove the amicus materials from the docket. This alleged deceitful tactic was an attempt to remove IRS whistleblower testimony about the Department of Justice’s alleged inadequate criminal investigation into Mr. Biden’s tax-related offenses from the court’s official records.
The court has temporarily placed the document under seal until the close of business on Wednesday, allowing the defendant to try to make the requisite showing. If the defendant fails to make that showing, the document will be unsealed.
The issue, first reported by Daily Mail, came after Mr. Kittila, counsel for Rep. Jason Smith (R-Ohio), House Ways and Means Committee chair, sought to file an Amicus Curiae Brief in Aid of Plea Hearing. Mr. Smith asked Judge Noreika to reject Mr. Biden’s plea deal, alleging preferential treatment from Delaware prosecutors.
However, the situation took a dramatic turn when Mr. Biden’s lawyers raised objections and allegedly attempted to remove the filing from the court docket. Mr. Kittila, an attorney at Halloran Farkas and Kittila, submitted the motion along with the proposed Amicus Curiae Brief to Judge Noreika of the U.S. District Court for Delaware.
The documents were made publicly available on the House Ways and Means Committee’s website and have been accessible since June 22, following an approved committee vote. According to an email chain provided in the filing by Mr. Kittila, Mr. Biden’s lawyer Christopher Clark contended that the materials contained “grand jury and confidential taxpayer information,” alleging a violation of the court’s rules.
Mr. Kittila, in response, asserted that the filing only included redacted documents that had been adequately disclosed on the committee’s website. Mr. Smith’s lawyer told the judge that shortly after the exchange between the parties, the filing made by Mr. Kittila’s legal team was unexpectedly removed from the court’s docket. When contacted, the clerk’s office revealed that an individual, purportedly representing Mr. Kittila’s office, had requested the removal.
To support his claims, Mr. Katilla included a copy of an email from the Delaware clerk in his filing. “The woman who called was Jessica Bengels,” the clerk, Sam Grimes, wrote to Mr. Kittila, including her phone number in the email. “She said she worked with Theodore Kittila, and it was important the document was removed immediately,” Mr. Grimes wrote.
However, this claim was swiftly refuted by Mr. Kittila, who expressed deep concern about the situation and urged that if Mr. Biden’s counsel, Mr. Clark, or any other party sought to seal publicly available documents, they should do so through a proper motion.
Mr. Clark, Hunter Biden’s lawyer, hit back at the claims, calling them “inaccurate” in one email. “As far as I am aware, the clerk took the filing down on their own accord,” Mr. Clark wrote to Mr. Kittila in an email dated July 25.
In response, Mr. Kittila advised Mr. Clark to “take a step back from your statements.” “The clerk’s office advised that it was represented to her that my firm was making the request. We will be advising Judge Noreika of this improper conduct,” Mr. Kittila wrote.
In reply, Mr. Clark wrote, “I stand by all of my statements, and I hope you have an affidavit from the clerk in support of yours.”
A combined Initial Appearance and Plea Hearing for Mr. Biden is set for Wednesday at 10 a.m. before Judge Noreika. Top Republicans are seeking to get the plea deal, which they consider lenient, tossed. This incident has left many Republicans frustrated and questioning the integrity of the legal process.