The Department of Justice (DOJ) and Attorney General Merrick Garland are facing a lawsuit filed by the conservative group America First Legal (AFL) over alleged non-enforcement of foreign agent registration requirements for Hunter Biden, President Joe Biden’s son.
The lawsuit argues that Hunter should have been obligated to register under the Foreign Agent Registration Act (FARA) during his tenure on the board of Ukrainian energy firm Burisma Holdings Limited and his business engagements with Chinese oil magnate Ye Jianming.
Hunter Biden allegedly bypassed FARA, AFL claims
AFL, established by ex-Trump advisor Stephen Miller, claims Hunter created a “separate entity,” “CEFC America,” to bypass FARA registration, as suggested by cited text messages from Hunter during Obama’s administration.
The suit also states that, in April 2014, during Obama’s presidency, when his father was vice president, Hunter became a board member of Burisma.
AFL: DOJ aware of Hunter Biden’s alleged foreign agent role
As per the AFL, emails from the National Archives and Records Administration show Hunter had informed the Vice President’s Office of his role as a legal adviser to the Ukrainian company and an attorney for a law firm representing it.
The lawsuit alleges that the DOJ had actual knowledge of Hunter being a “statutorily defined foreign agent” for Ukrainian and Chinese principals, citing the FBI’s acquisition of Hunter’s laptop in 2019.
AFL claims DOJ bias in Biden foreign agent case
Despite this, the group alleges that the DOJ neither required Hunter to register as a foreign agent nor initiated a waiver rulemaking.
AFL Vice President and General Counsel Gene Hamilton said, “Any other American would have been criminally prosecuted for failing to register as a foreign agent for this conduct—but not under Merrick Garland’s Department of Justice, which continues to go out of its way to help President Biden, his family, and his radical liberal allies.”
AFL Insists on mandatory FARA registration for Hunter Biden
He maintained that Hunter’s FARA registration is a non-discretionary duty for the Attorney General.
“The Attorney General has a non-discretionary duty to ensure that Hunter Biden registers as a foreign agent under FARA and provides the American people with transparency into his activities on behalf of foreign principals,” he stated
AFL had previously complained in March, urging the DOJ and Garland to mandate Hunter’s registration as a foreign agent in compliance with FARA.
Biden-Trump dispute escalates amid DOJ lawsuit
The suit against the DOJ arrives amid escalating tensions between Hunter and former President Donald Trump, who received a cease-and-desist letter from Hunter’s lawyer, warning against defamatory public statements about Hunter that could incite violence against him or his family.
This came in response to Trump’s criticism of David Weiss, the prosecutor investigating Hunter, and his remarks about a plea agreement, which Trump and other Republicans view as a weak penalty reflecting a dual standard of justice for Republicans and Democrats.
As of Tuesday, the DOJ had not yet commented on the lawsuit, and Hunter’s attorneys had not made a public statement.