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DC Judge Exposes Federal Government's Double Standards

 April 26, 2024

In a stark criticism of the Justice Department's practices, Judge Ana Reyes has pointed out apparent hypocrisy in federal government operations regarding legal compliance and whistleblower protections.

Reyes recently scrutinized the Justice Department for its disparate approach in enforcing congressional subpoenas, highlighting a significant inconsistency in the treatment between cases related to Hunter Biden and former Trump officials, as the New York Post reports.

The contention surfaced over the Justice Department's instructions to its Tax Division lawyers, directing them to ignore a congressional subpoena linked to the investigation into Hunter Biden.

This directive stands in contrast to the department's rigorous prosecution of Peter Navarro, a former Trump official currently jailed for his non-compliance with a subpoena from the committee investigating the Jan. 6 incident.

Whistleblowers Uncover Flaws in Handling Biden Case

Amid these judicial rebukes, IRS whistleblowers Gary Shapley and Joe Ziegler brought to light problematic practices within the Justice Department particularly concerning the Hunter Biden case in Delaware. Their allegations reveal a troubling degree of prosecutorial interference.

Detailing over 150 exhibits in their testimony before the House Ways and Means Committee, Shapley and Ziegler accused prosecutors of informing Hunter Biden's legal team about upcoming search warrants and actively obstructing investigative efforts, including interviews with Biden and examination of his laptop after the 2020 election.

Further complicating the scenario, the U.S. Attorney for Delaware, David Weiss, was accused of delaying the investigation, misleading about his jurisdictional authority, letting the statute of limitations expire on significant charges, and orchestrating a collapsed favorable deal for Hunter Biden.

Special Counsel's Role and Continuing Investigations

Despite these setbacks, Weiss was later appointed by Attorney General Merrick Garland as the special counsel, eventually indicting Hunter Biden on tax and firearms charges. This move has stirred discussions about the true independence and effectiveness of such judicial appointments.

Moreover, the whistleblowers Shapley and Ziegler themselves might now be under investigation due to their revelations, raising concerns about the protection and treatment of those who expose governmental misconduct.

IRS Commissioner Daniel Werfel has publicly claimed support for whistleblowers, yet his actions, or lack thereof, suggest a disconnect. Despite numerous requests from Shapley, Ziegler, and Sen. Chuck Grassley for a meeting to discuss their concerns, no such meeting has occurred, further straining the credibility of institutional support for whistleblowers.

Conflict Between Institutional Statements and Actions

In their joint statement, Shapley and Ziegler criticized the IRS leadership's lack of actual support for whistleblowers, emphasizing a stark contrast between public affirmations and real actions.

"But those words don’t match what’s really happening at the IRS," they stated.

Despite repeated prompts from Senator Grassley, Commissioner Werfel has not met with the whistleblowers to hear their stories firsthand -- a move that the whistleblowers interpret as indicative of the IRS's overall attitude towards individuals making protected disclosures.

The whistleblowers have voiced their frustration and disappointment publicly, highlighting how the failure to acknowledge whistleblowers shakes public trust and the credibility of congressional oversight.

Judging the System: Reyes’ Condemnation of DOJ Practices

Judge Reyes’ comments encapsulate the broader frustration with the perceived double standards in the judicial enforcement of laws depending on the individuals involved.

"There’s a person in jail right now because you all brought a criminal lawsuit against him because he did not appear for a House subpoena. And now you guys are flouting those subpoenas … I think it’s quite rich you guys pursue criminal investigations and put people in jail for not showing up," she admonished.

The judge's frank critique highlights a growing concern over fairness and consistency in legal processes, suggesting a need for a more equitable approach across all levels of governance.

The situation presents a complex layer of judicial and administrative roles that intertwine with political sensitivities, underscoring the challenging balance of maintaining justice while navigating political implications.