Constitutional law expert Alan Dershowitz told Newsmax Friday that the blanket immunity clause in Hunter Biden's diversion agreement was given away for nothing and speaks volumes.
"This immunity really sends a message: We don't want to hear from you. We don't want you to testify. We don't want you to get other people in trouble," Dershowitz said during an appearance on Newsmax's "The Record with Greta Van Susteren." "Prosecutors know how to twist arms, and they use immunity as a weapon.
"They don't give it away for nothing. And here, it seems to have been given away for nothing, especially since they had an open-and-shut case against him."
Many times in his career, Dershowitz said, he has gone to the prosecutor of a case he was defending and laid out the reasons why they're not going to win in order to "scare the prosecutor into making a good deal."
"There was nothing here to scare the prosecutor," he said. "The case on the guns was open and shut, a documentary case. The case on the taxes was essentially admitted. So there was nothing to bargain with. And yet he got this apparently total immunity, and he's going to get the total immunity."
During a court hearing on Wednesday, U.S. District Judge Maryellen Noreika rejected the agreement and told both sides to negotiate a new deal. The section of the agreement to which she reportedly raised the most objection was the "Agreement Not to Prosecute."
"The United States agrees not to criminally prosecute Biden, outside of the terms of the Agreement, for any federal crimes encompassed by the attached Statement of Facts (Attachment A) and the Statement of Facts attached as Exhibit 1 to the Memorandum of Plea Agreement filed this same day," the section reads.
Dershowitz said he predicted Noreika was not going to accept Hunter Biden's plea deal outright and that it was "obvious" why the deal fell apart in court.
"I smelled a rat, and she smelled a rat," he said. "What happened here is so obvious. They had an oral agreement — you know, a handshake. Oh, he's not going to be prosecuted, but we don't want to put it up front in the agreement 'cause it'll sound too much like a sweetheart deal, so let's understand that he's not going to be prosecuted.
"Then the defense lawyers made a mistake, and they went out and they bragged about it and they announced it. And the Justice Department said, Whoa, wait a minute — blanket immunity? We're still investigating. That's what tipped off the judge that there was a real problem.
"But she hasn't done her complete job yet," he said. "She has to call [Attorney General] Merrick Garland and [U.S. Attorney] David Weiss [of Delaware] in front of her, under oath, and say, Look, Garland has said that Weiss had authority to investigate wherever the money went: in Los Angeles; in Washington, D.C.; Burisma; Ukraine; China.
"Apparently, Weiss told friends — a bunch of them, and there were some notes to that effect — No, no, no, I was restricted. I could only investigate in tiny Delaware. So the two questions are, Who's right? And the most important question is, If Weiss says he had the authority to investigate outside of Delaware, did he? Where are his notes?"
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