America First Legal Files Lawsuit Against Attorney General Merrick Garland and Biden DOJ Over Failure to Enforce Hunter Biden’s Foreign Agent Registration

America First Legal (AFL) launched a lawsuit against Attorney General Merrick Garland and the Department of Justice (DOJ) led by Joe Biden, citing non-compliance with requirements to have Hunter Biden register as a foreign agent during the tenure of his father as Vice President.

AFL, in a detailed thread, outlined the key reasons behind this lawsuit. Earlier this year, through litigation against the National Archives and Records Administration (NARA), AFL obtained emails confirming Hunter Biden’s direct representation of Burisma Holdings, the Ukrainian energy company, in its dealings with the Obama White House.

Hunter Biden served as a board member of Burisma and also worked as an attorney at the law firm that represented it. Under 22 U.S.C. § 611(b), a “foreign principal,” Hunter Biden could be seen as an agent of Burisma and thus potentially required to register under the Foreign Agents Registration Act (FARA).

Hunter is believed to have represented Burisma’s interests to the Office of the Vice President. The definition of an “agent of a foreign principal” under FARA can be found here.

The AFL accused Attorney General Merrick Garland for failing to enforce the requirement for Hunter Biden to register or properly follow legal procedures regarding a FARA waiver. Consequently, AFL has lodged a formal complaint with the DOJ against Hunter Biden for his alleged failure to register under FARA.

According to federal law, any person acting as an agent of a foreign principal must file a true and complete registration statement with the Attorney General and provide relevant supplements – requirements that AFL claims were not met during the Obama administration.

More from American First Legal:

More recently, the National Archives released an email showing that Hunter Biden was involved in a phone call between Vice President Biden and then-Ukrainian President Poroshenko.

On July 10, 2023, the U.S. Attorney for the Southern District of New York unsealed an indictment against Gal Luft for, among other things, willfully failing to register under the FARA by engaging in political activities in the United States on behalf of CEFC and Ye Jianming, a Chinese national.

However, Hunter Biden’s lucrative business arrangements with CEFC and Ye Jianming have been well known for years. For example, the Senate Committee on Homeland Security and Governmental Affairs and the Senate Committee on Finance released joint investigative reports on September 23, 2020, and November 18, 2020, detailing the complex web of relationships and financial arrangements between the Biden family and their business associates with CEFC and Ye Jianming.

On July 30, 2017, the House Ways and Means Committee obtained damning WhatsApp messages where Hunter Biden wrote to CEFC officials that he was “sitting here with my father” and threatened them with his “ability to forever hold a grudge that you will regret not following my direction” because their “commitment made has not been fulfilled.”

Once again, the Biden family appears to have used their name for influence peddling overseas. The Department of Justice has failed to follow official legal procedures and require Hunter to either register as a foreign agent or obtain a waiver. AFL will continue to hold Hunter Biden and the DOJ accountable for circumventing the law and conducting foreign affairs illegally while Joe Biden was Vice President.

Statement from Gene Hamilton, America First Legal Vice President and General Counsel:

“As detailed in our complaint, the record is quite clear. Hunter Biden appears to have used his unique access and position to the benefit of multiple foreign principals. 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. 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,“ said Gene Hamilton.

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