The legal team representing Hunter Biden may be subject to punishment for “misrepresentations to the court” after it was claimed that they had misled the clerk concerning his criminal case.
After negotiating a favorable plea deal on Biden’s charges of unlawfully having a weapon and failing to pay federal taxes for two years, the president’s son is scheduled to sign a plea bargain this week.
In a brief sent to the United States District Court Judge Maryellen Noreika this week, House Ways and Means Panel Chair Jason Smith (R-MO) urged her to reevaluate Biden’s plea arrangement in light of a recent claim made by an IRS whistleblower that the Dept. of Justice (DOJ) obstructed its probe into Biden.
Smith’s lawyer, Theodore Kittila, stated in a court document that “the Defendant seems to have benefited through political interference which raises doubts about the legitimacy of the U.S. Attorney’s Office inquiry. Before deciding whether to allow the plea agreement, the court must carefully analyze the whistleblower materials, according to the lawyer.”
But when one of the lawyers “misrepresented her identification” to “improperly” persuade the clerk to pull Smith’s brief off of the docket, Biden’s counsel might face fines.
“In an inappropriate attempt to persuade the clerk’s office to eliminate the amicus documents from the docket, the caller seems to have misrepresented her name and the company for which she works,” according to Noreika’s ruling this week.
Noreika gave Biden’s legal counsel till 9:00 p.m. to provide any arguments against bringing penalties.
Therefore, Noreika directed that “the defendant’s attorney shall show cause to explain why sanctions shouldn’t be considered for misrepresentations made to the court” on or prior to today, July 25, 2023, at 9 p.m.”
Jessica Bengles is suspected of phoning the Delaware court clerk while posing as a representative of Kittila’s office and asking that Smith’s filing be taken off the schedule. Jessica works at the same legal firm where Biden attorney Christopher Clark formerly worked.
Kittila’s office “immediately advised” the court that this assertion was false as soon as they learned about it.
In a second petition to the judge, Kittila stated, “We immediately called the clerk’s office and were informed that someone had contacted the court claiming to work for my office and asked the court to take this off the docket. We immediately let you know that this was false,”
The court clerk wrote to Kittila that “the woman that phoned was a Jessica Bengels, who stated she works with Theodore Kittila and that it was crucial that the document got removed as soon as possible or they would have to file a motion to seal.”
The Daily Mail reports that Bengels is the director of litigation services at the New York-based legal firm Latham & Watkins, at which Clark was working until April of this year.
“I sincerely regret any confusion we may have caused. I’ve informed the remaining employees of the Clerk’s Office that they must get in touch with me if someone is attempting to do anything with regard to the criminal or MJ matter,” the clerk continued.
In an email conversation with Kittila, Biden’s legal team argued the court clerk “make the filing on its own accord” as well as denying any participation.
According to Clark’s letter to Kittila, “Your attempts to publicly post my client’s private financial information without any safeguards are improper, unlawful, and in violation of the law. I stand by every assertion I’ve made.”
Biden’s lawyers said the incident was a “misunderstanding” instead of a “misrepresentation” in their answer to the court.