January 16, 2024 / by emptywheel

 

David Weiss’ Responses to Motions to Dismiss

David Weiss has responded to Hunter’s motions to dismiss. These will definitely be covered by the frothy right.

Nowhere in these filings do David Weiss’ AUSA deny he lied to Congress.

As I have noted, Chris Clark alleges that Weiss’ First AUSA told him on June 19 there was no ongoing investigation. David Weiss told Congress something completely different.

In these filings, Weiss simply ignores the evidence that Weiss reneged on a plea deal in the context of their treatment of the diversion. The two sides are both cherry picking language about whether the diversion went into effect. But you can’t discuss them except in context of Weiss reneging on a signed plea deal.

And in the context of that, Weiss simply dismisses the pressure — much less the threats — from Congress. That goes to the vindictive prosecution claim.

 

 

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Originally Posted @ https://www.emptywheel.net/2024/01/16/david-weiss-responses-to-motions-to-dismiss/