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Conservative Legal Group Files Complaint Urging D.C. Bar to Investigate Hunter Biden

Hunter Biden steps off Marine One at Ft. McNair in Washington, D.C., June 25, 2023. (Tasos Katopodis/Reuters)

The complaint cites Hunter’s allegedly misleading federal background-check form and his work for Burisma.

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America First Legal filed a complaint on Wednesday urging the D.C. bar to investigate Hunter Biden’s “pattern and practice of professional misconduct,” which the group says raises “substantial questions as to his honesty, trustworthiness, and fitness as a lawyer.” 

The complaint, filed with the D.C. Court of Appeals Board of Professional Responsibility, accuses the younger Biden of violating rules for professional misconduct that prohibit a lawyer from engaging in conduct “involving dishonesty, fraud, deceit, or misrepresentation, or to state or imply an ability to “influence improperly” a government agency or official.”

Rule 8.4 includes a note that says, “Many kinds of illegal conduct reflect adversely on fitness to practice law, such as offenses involving fraud and the offense of willful failure to file an income tax return.”

Among the evidence of Biden’s misconduct is his indictment for allegedly knowingly making false statements on a federal form and for unlawful possession of a firearm, as well as his work on the board of Ukrainian natural gas company Burisma. 

In September, special counsel David Weiss indicted Biden on three firearms charges, alleging that Hunter lied on a federal form while purchasing a gun five years ago.

That four-page indictment, filed in the U.S. District Court for Delaware, argues that Hunter “knowingly made a false and fictitious written statement, intended and likely to deceive” a dealer in his effort to acquire a Colt Cobra revolver in October 2018.

The indictment accused Hunter of falsely certifying that he was “not an unlawful user of, and addicted to, any stimulant, narcotic drug, and any other controlled substance,” when he filled out a federal Alcohol, Tobacco, and Firearms (ATF) form.

Biden wrote in his memoir that he was smoking crack nearly every 15 minutes around the time he purchased the gun.

And in December, Biden was indicted in California on nine criminal charges as part of a Department of Justice investigation into his taxes. Those charges include three felony counts for alleged tax evasion and filing a false return and six misdemeanor charges for alleged failure to pay taxes between 2016 and 2019.

He has pleaded not guilty in both cases.

AFL says Biden’s “improper influence” through his work with Burisma is disqualifying as well. The group cites a joint investigative report from the Senate Committee on Homeland Security and Government Affairs and the Committee on Finance that found Biden’s appointment to the firm’s board was “problematic and did interfere in the efficient execution of [U.S.] policy with respect to Ukraine.”

Former Hunter Biden business associate Devon Archer testified that then–vice president Joe Biden joined at least 20 phone calls and in-person meetings with Hunter’s foreign business associates during their time working together. He explained that access to the vice president served as the selling point of the Biden “brand” that allowed him and Hunter several lucrative financial opportunities, including joining the board of Burisma.

At the time, Burisma’s founder and CEO, Mykola Zlochevsky, was being investigated by Ukrainian prosecutor Viktor Shokin, whom the elder Biden later bragged about having fired.

Finally, the group argues Biden violated the Foreign Agents Registration Act by failing to register as a foreign agent over his work with Burisma. The group argues Biden worked as Burisma’s agent and was therefore subject to FARA registration when he represented Burisma’s interests to the Office of the Vice President. Biden acted “at the order, request, or under the direction or control, of a foreign principal,” the group says.

It goes on to say the First Son also acted as an agent for Communist Chinese principals.

The Bidens began working with CEFC, a Chinese energy company linked to the CCP, when Joe Biden was vice president. Hunter Biden sent a WhatsApp message to CEFC associate Raymond Zhao on July 30, 2017, demanding a $10 million payment.

“I am sitting here with my father and we would like to understand why the commitment made has not been fulfilled. I am very concerned that the Chairman has either changed his mind and broken our deal without telling me or that he is unaware of the promises and assurances that have been made have not been kept,” the message read.

“And Z if I get a call or text from anyone involved in this other than you, Zhang, or the Chairman, I will make certain that between the man sitting next to me and every person he knows and my ability to forever hold a grudge that you will regret not following my direction,” he added.

“There is substantial evidence suggesting that Mr. Biden has engaged in professional misconduct contrary to Rule 8.4,” said Reed Rubinstein, senior counselor and director of oversight and investigations at AFL. “Public faith in the integrity of the Bar demands that the Rules of Professional Conduct be applied consistently fairly – there must be one standard for all bar members, regardless of a lawyer’s particular political affiliation or family connections. An investigation of Mr. Biden is certainly warranted here.”

The complaint comes weeks after the group filed a bar complaint with the State of California against Biden’s attorney, Kevin Morris, over Morris’s own alleged violations of the state’s rules of professional conduct.

“The success of the legal profession depends upon the sanctity of the attorney-client relationship. Lawyers serve as stewards of the client’s legal interests and Kevin Morris’s financial support of his apparent client, Hunter Biden, not only raises ethical issues but has implications for how the public perceives the rule of law as well.  It is incumbent that the California Bar give this complaint serious consideration,” AFL’s Dan Epstein said of the Morris complaint.

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