A Lesson I Learned During "Whitewater"

A few notes about this story and its context.

First: note this says that FEDERAL AGENTS think they have enough to charge, which is not the same as saying it will be charged or prosecutors think they have enough to charge.

/1https://t.co/e20wTtuZqv

— IfHatHadHappened (@Popehat) October 6, 2022

If you are the subject of a criminal investigation, given enough time and resources, the investigators will find something they think is "enough" to charge you with a crime.

As Popehat points out, with more experience in the field than I (and hence more credibility/authority), just because the cops think you're guilty, doesn't mean the prosecutors want to take you to court.  Prosecutors understand the law, cops basically understand "guilty."  It's not that black-and-white, but when investigators are talking out of school and basically in violation of the law:

Chris Clark, Hunter Biden's lawyer, says investigators are leaking information about the case.

“It is a federal felony for a federal agent to leak information about a Grand Jury investigation such as this one,” Clark said in a written statement to The Post. "Any agent you cite as a source in your article apparently has committed such a felony. We expect the Department of Justice will diligently investigate and prosecute such bad actors. As is proper and legally required, we believe the prosecutors in this case are diligently and thoroughly weighing not just evidence provided by agents, but also all the other witnesses in this case, including witnesses for the defense. That is the job of the prosecutors. They should not be pressured, rushed, or criticized for doing their job.”

(No, nobody's going to be investigated for "leaking information."  Clark is just doing his job for his client.)  You have to take it, as Popehat's twitter thread points out, with a large grain of salt.  Basically what some cops think should be done, and what prosecutors know they will face in court, are two very different things.

The WaPo story is behind a paywall, so the most I can learn is there are some alleged "tax crimes" and a false statement "related to a gun purchase." I have no idea how serious the alleged tax crimes are, but none of it quite sounds like stealing classified documents or seditious conspiracy, so color me skeptical about the motives of the people leaking this information.

This ain't an episode of "Law and Order." 

This is not an overly cynical way to examine the story:

Some anonymous investigators leaked their belief—and investigators almost always believe this after 4 years investigating—what are they gonna say? We wasted all that time?—in OCTOBER about Hunter to force the prosecutor’s hand and politicize the decision of whether to charge him?

— Luke Zaleski (@ZaleskiLuke) October 6, 2022

Could be there are some behind the scenes discussions, and they don't like the answers of the prosecutors.

It’s not allowed. That’s why the sources aren’t named.

— IfHatHadHappened (@Popehat) October 6, 2022

A very, VERY salient point.