Justice Department jams up records request for Hunter Biden probe: ‘Only begun initial review’

The Department of Justice moved Monday to prevent the release of internal communications on the investigation of Hunter Biden, saying that it has no obligation to turn over thousands of records before the first son’s July 26 plea hearing.

Government lawyers argued in an 18-page filing that they have “only begun” an “initial review” of the more than 2,500 pages of records, which they said are likely exempt from Freedom of Information Act requests made by the conservative Heritage Foundation.

The DOJ added that federal officials must first handle requests for records regarding former President Donald Trump’s conduct that predate the Hunter Biden demand.

Conservatives are racing to find evidence that might prevent Delaware US District Judge Maryellen Noreika from accepting the 53-year-old Hunter’s no-prison guilty plea to two misdemeanor counts of willful failure to pay taxes.

The plea also includes a pre-trial diversion program to duck a felony charge of possessing a gun while addicted to a controlled substance.

Pending the judge’s approval, the first son will serve two years of probation for evading six-figure tax payments in 2017 and 2018, and lying about his crack cocaine problem on a federal gun purchase form.

Heritage sued the Justice Department June 29 after it failed to comply with its FOIA requests and asked for expedited access to documents and communications sent or received by Delaware US Attorney David Weiss and his staff about the Hunter probe.

Additional filings in the case show the DOJ has considered delaying the plea hearing.

Heritage lawyers specifically sought records “referring or relating to Special Counsel status for the investigation concerning Hunter Biden,” as well as communications between Weiss’ office and other jurisdictions.

IRS whistleblowers alleged weeks earlier that the Department of Justice interfered in their investigation into the first son’s tax crimes and blocked Weiss from receiving special counsel status or bringing charges outside of Delaware.

Weiss has denied the whistleblowers’ claims, saying he had “ultimate authority” over the probe and that he never requested to be made a special counsel. Attorney General Merrick Garland has also said Weiss had “full authority” to pursue charges against Hunter Biden if deemed appropriate and never asked him if he could be named a special counsel.

But Heritage’s lawyers told The Post that the Justice Department’s Monday filing reveals a high degree of coordination between Garland and Weiss for the case, including 2,523 pages of records.

“They’re admitting there’s substantial communication back and forth between [Weiss’ office and DOJ] on this very matter, which proves the point that he wasn’t this completely isolated and independent prosecutor,” said Heritage Foundation oversight director Mike Howell.

Those records are under review by the Executive Office for United States Attorneys — potentially undercutting Weiss’ prosecutorial independence.

“If Garland was correct and Weiss is truly independent in this case, then why is a Department of Justice office that routinely handles these things responding to them, and why is the declaration from a functionary in the Executive Office of the United States Attorney, as opposed to David Weiss?” Heritage attorney Samuel Dewey told The Post. “This is yet another indication that what Garland said was not accurate and that the whistleblowers’ testimony will be borne out.”

Kara Cain, a staff attorney handling FOIA requests for the Executive Office for United States Attorneys, said the Justice Department has not even begun to forward the responsive records to other jurisdictions that may be implicated.

The information would also “have no bearing” on Hunter’s plea deal, according to DOJ Principal Deputy Assistant Attorney General Brian Boynton, Deputy Branch Director Elizabeth Shapiro and trial attorney Jason Lynch.

Attorneys for the Heritage Foundation have disputed this, saying that if Garland perjured himself or Weiss was obstructed from administering justice, it would be pertinent for Noreika to know before approving Hunter’s plea deal.

Weiss’ office had already taken the unusual step of announcing Hunter’s plea agreement on June 20 before officially concluding the investigation, the attorneys added.

According to IRS supervisory agent Gary Shapley and a second, unnamed whistleblower, that deal avoided charging the first son for $2.2 million in missed tax payments.

Other lawyers have pointed out that plea agreement lacked any charges stemming from millions of dollars Hunter earned through shady overseas business dealings, for which he often leaned on his father’s political connections, according to emails found on his abandoned laptop.

Howell called it “outrageous” that the Justice Department claimed their suit was “seeking to jump ahead of similarly situated FOIA requestors” including expedited requests “on such topics as January 6, 2021; the search of Mar-a-Lago; and the Special Counsel’s Office.”

“The DOJ is so focused and weaponized on their partisan mission that they can’t deal with a routine FOIA request,” Howell said. “In all of our legal battles with DOJ, they always point to how they’re so distracted and resource-focused on those things.”

Part of that distraction appears to have leaked into their Monday motion, which was inaccurately filed in South Carolina rather than the District of Columbia, where Heritage’s lawsuit was filed.

“They have the documents; they’re under legal obligation to turn them over,” Howell added. “Instead they’re fighting tooth and nail to hold them back and cover this up.”

A spokeswoman for the Delaware US Attorney’s Office declined to comment.