Hunter Biden’s lawyers received a warning from Delaware U.S. District Judge Maryellen Noreika about possible sanctions due to an alleged misrepresentation made by a member of their law firm to the court clerk. The incident involved attempts to remove amicus materials from the docket improperly.
The controversy arose from an amicus brief filed by lawyers representing House Ways and Means Committee Chairman Jason Smith. The brief encouraged the court to consider whistleblower testimony from IRS agents, suggesting that the criminal case against Hunter Biden was slow-walked, preventing more serious charges from being brought against him.
Hunter Biden’s legal team claimed that the clerk removed the filing from Smith’s legal team independently, but the judge’s order raised concerns about misrepresentation. The filing was placed under seal until further notice, while the whistleblower testimony to the House Ways and Means Committee remained available to the public with some redactions.
Email screenshots revealed communication between the parties, with one email apologizing for the confusion caused by someone named “Jessica Bengels” who falsely claimed to be affiliated with Smith’s legal team.
Hunter Biden’s lawyers, from Latham & Watkins LLP, responded to the judge’s order, stating that they were not aware of how the misunderstanding occurred and denied any misrepresentation. They attached an affidavit from Jessica Bengels, the staff member who spoke with the clerk, supporting their claim.
A hearing scheduled for 10 a.m. on Wednesday will determine whether the plea deal between Hunter Biden’s lawyers and the DOJ will be accepted or rejected by the judge.