The Justice Department is pushing for Devon Archer to report to prison only days before the former Hunter Biden business partner's eagerly awaited congressional appearance, according to recent court records. Archer is expected to provide details that will challenge the White House's claims of Joe Biden's lack of knowledge or involvement in his son's business dealings.
A source close to Archer has verified reports stating that he is prepared to testify about meetings he participated in alongside Hunter Biden's foreign business partners, during which it is alleged that Joe Biden was present on speakerphone. It was reported earlier this week that Archer is "in hiding" after receiving "threats" leading up to his bombshell testimony.
Playing a Dirty Game
The motion comes after Archer's 2018 conviction on two felonies for his part in a scheme to defraud a Native American tribe was upheld by the Second Circuit Court of Appeals last Tuesday.
The conviction had been contested by Archer, who would deliver a closed-door testimony to the House Oversight Committee about Biden on Monday.
In light of the appeals court ruling, the DOJ "respectfully requests that the defendant be ordered to surrender, at a date and time determined by the Court, to a facility designated by the Bureau of Prisons to commence his term of imprisonment," reads the letter to Judge Ronnie Abrams.
Archer's lawyer, Matthew Schwartz, claimed on Sunday that his client would proceed with his planned testimony on Capitol Hill, despite allegations that the DOJ's letter may have been intended as an intimidation tactic.
"We are aware of speculation that the Department of Justice's weekend request to have Mr. Archer report to prison is an attempt by the Biden administration to intimidate him in advance of his meeting with the House Oversight Committee," Schwartz said in a statement, per Politico.
"To be clear, Mr. Archer does not agree with that speculation," Schwartz added. "In any case, Mr. Archer will do what he has planned to do all along, which is to show up on Monday and to honestly answer the questions that are put to him by the Congressional investigators."
Archer's attorney is anticipated to submit a formal response to the request from the US Attorney's Office by Wednesday. In previous statements, he argued that choosing a jail date was "premature" as Archer considers potential appeal options.
The government, however, expressed its disagreement with this position, as mentioned in the court filing.
Misuse of Power
In 2009, Archer, Biden, and Christopher Heinz joined forces to start an investment and advisory firm Rosemont Seneca Partners. This firm served as a platform for several of Hunter Biden's international business ventures.
Archer is expected to testify that Hunter Biden would involve his father, then-Vice President Joe Biden, by having him on the phone during meetings with foreign partners, according to the New York Post.
This revelation could hold significant importance in the GOP-led investigations into the Biden family, as it may establish a potential connection between the president and his son's business activities.
President Biden has previously said, "I have never spoken to my son about his overseas business dealings."
The White House has altered its stance, now saying that the president "was never in business with his son," though press secretary Karine Jean-Pierre downplayed the apparent shift in wording.
Over the past few months, Biden administration officials have strongly criticized Republicans over the investigation and consistently emphasized that the president has not been directly implicated in any wrongdoing.
"Just last week his fellow GOP colleague on the Oversight Committee said this on camera for all to see: 'I've heard over and over that President Biden has not been implicated or proven for any wrongdoing here, and I acknowledge that,'" White House spokesperson Ian Sams tweeted last Tuesday.
Republicans consider Archer's account to be crucial to their investigation, especially as the Justice Department insists on his prompt reporting to prison. His testimony is expected to provide significant insights and information relevant to their inquiries.
Oversight Committee Chairman James Comer (R-Ky.), who has been leading the GOP inquiries into the first family, has consistently dismissed the Biden administration's defensive responses.
He remains focused on pursuing investigations into matters concerning the Biden family despite the administration's efforts to counter the inquiries.
In June, Comer issued a subpoena to Archer and expressed skepticism regarding the timing of the jail request letter, which he found to be peculiar and possibly significant in the context of the ongoing investigations.
"I don't want to put words in Devon Archer's mouth," Comer said on Fox News' "Sunday Morning Futures," "but I'll say this: He has an opportunity to come tomorrow to the House Oversight Committee and tell the truth."
Last week, Hunter Biden's planned plea agreement with federal prosecutors faced obstacles when a judge appointed by Trump expressed concerns about its constitutionality and identified discrepancies between the parties involved.
As a result, Biden, who was originally expected to plead guilty to two tax misdemeanors charges, entered a not-guilty plea instead. Attorneys from both sides are now expected to reevaluate the agreement and work to resolve their differences.
