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5 Major Problems with ProPublica’s Latest ‘Ethics’ Hit Piece on Justice Clarence Thomas.

5 Major Problems with ProPublica’s Latest ‘Ethics’ Hit Piece on Justice Clarence Thomas.

By Ken Klukowski

Lawyer who served in the White House and Justice Department.

There are five major problems with the latest so-called “ethics” attack on Justice Clarence Thomas, which this time is a hit piece from the leftwing ProPublica, attempting to kick Thomas off an upcoming Supreme Court case.

ProPublica has the vapors over the fact that Thomas flew on a private jet to a conference in Palm Springs in 2018 hosted by the network of Charles and David Koch, suggesting several ethics violations. ProPublica is legally wrong on every claim.

Two problems are that Supreme Court justices can speak at nonpartisan gatherings so long as there are no presentations to or from parties to a case currently pending before the Court, and the justice does not engage in fundraising.

First, Thomas did not present at the conference on any issues pending before the court, and no parties or lawyers on cases that were scheduled at the court made any presentations to him.

Second, although fundraising certainly takes place at such gatherings, so long as the justice does not ask for money, the fact that private citizens do so is not an ethics concern for a justice in attendance.

On various occasions when liberal justices like Elena Kagan and Sonia Sotomayor have spoken at events, fundraising people huddle about how to promote the justice’s name to raise more money off the event. But Kagan and Sotomayor violate no ethics rules when this happens, because they are not the ones engaged in fundraising.

Third, it is utterly irrelevant that the Koch Network supports filing briefs in a case currently before the court that would change the scope of the federal government’s regulatory law. Justices frequently speak at events hosted by groups that take positions on pending matters, and the upcoming case is no different.

That case, Loper Bright, asks the court to overrule a 1984 case named Chevron, where the court held that courts should defer to agency bureaucrats about whether regulations are consistent with a law passed by Congress, if Congress’s law is either silent or ambiguous about the precise legal question at issue in the regulation.

Chevron should be overruled because it is egregiously wrong and has led to terrible results. It upends bedrock principles of the rule of law for judges who defer to the almost-all-powerful government about the government’s claims as to the government’s own power over citizens and companies. If anyone should get the benefit of the doubt, it should be the powerless ordinary citizen. But better yet, there should be no deference, and judges should just interpret the law and the regulations the same way they interpret any other law, regulation, or contract. (Full disclosure: I coauthored one of the many briefs in Loper Bright urging the Supreme Court to overrule Chevron.)

The left is panicking over Loper BrightChevron gives unelected bureaucrats enhanced power over the lives of private citizens on countless issues, from energy production, to transportation, to immigration, to transgenderism in schools, to firearms. It hobbles the ability of courts to require Congress to legislate clearly and for public policy to be made by officials accountable to the people. Overruling Chevron would restore transparency and good government, so the left is trying to disqualify conservative justices like Thomas from being able to vote on it.

Fourth, ProPublica’s authors are again ignoring judicial standards on personal hospitality. During the time in question (2018), if private individuals are a friend of a Supreme Court justice and offer the justice a seat on a private airplane, that form of personal hospitality is ethically allowed. Liberal justices like the late Ruth Bader Ginsburg and the retired Stephen Breyer frequently accepted such hospitality.

Fifth, even federal judges on lower courts that are already subject to the ethics code that Senate Democrats are trying to foist on the Supreme Court – a code that would be unconstitutional, because the Supreme Court is a coequal branch of government. In May 2005, Judge Ray Randolph – a highly respected judge on the powerful U.S. Court of Appeals for the D.C. Circuit – conferred with ethics counsel at the Judicial Conference regarding a similar trip.

The judicial ethics expert at the Judicial Conference responded that the trip did not even need to be disclosed. So even if the Supreme Court could be forced into a subordinate role to Congress, like the federal appeals courts are, such trips would still be permitted.

The left’s latest desperate attempt to smear Thomas – this one from ProPublica – appears to be yet another swing and miss. And the fact that it focused so heavily on gaslighting the American people about Loper Bright shows that it is just the latest attempt at reverse court-packing to disqualify conservative justices in a brazen attempt to manipulate the outcome of a Supreme Court case on government power.

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No Virgina, they weren’t burning books, it was cardboard.

No Virgina, they weren’t burning books, it was cardboard. Not so long ago (Sept 18) the white progressive supremacists were losing it. They claimed that a book burning was taking place in Missouri.

As usual no research was done to verify the story and the cultists were spreading the lie. Guess what PolitiFact said about this.

 

Video shows Republican Missouri state senators using flamethrowers to burn books.
false
The video claims to show state Sens. Bill Eigel and Nick Schroer using flamethrowers to burn books. In the video, Schroer and Eigel, who is running for Missouri governor in 2024, aim flamethrowers at a burning pile as an audience behind them watches.

Text on a Sept. 18 Instagram video of this fiery event reads, “WTF?! Elected Republican officials in MO participate in book burning.”

This video has been widely shared across social media platforms including InstagramTikTok and X, formerly Twitter.

The Instagram posts were flagged as part of Meta’s efforts to combat false news and misinformation on its News Feed. (Read more about our partnership with Meta, which owns Facebook and Instagram.)

Screengrabs from Instagram

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Just putting this out there. COVID news updates.

Just putting this out there. COVID news updates.

 

“There is so little data available on the safety of this latest booster, the FDA’s actions create an unnecessary risk to the public’s health.” —Dr. Pierre Kory

Let’s start there with what our doctors are saying about the safety of the new COVID shots that were recently approved by the FDA and blessed by the CDC.

It is our moral and ethical imperative to report to you the most reliable information and scientific data available of which you must be aware so that you can make the best and most informed decisions possible to preserve your health.

Dr. Kory, chief medical officer of the FLCCC and Dr. Paul Marik, the FLCCC’s chief scientific officer, want you to be fully aware of the lack of trustworthy science for the safety and efficacy of these injections before you decide whether or not you wish to receive a shot.

“Our government continues to look for shortcuts in approving vaccines under the guise of an emergency while putting the public at risk of more injuries from these boosters that have not been through the extensive review and testing that is required outside of the EUA,” said Dr. Marik.

He’s right. Pfizer and Moderna—with the full-throated assent of the FDA— have leveraged the (unnecessary) Emergency Use Authorization (EUA) that remains in effect—despite there being no emergency— in order to push these new shots to market—for a low-risk illness that produces mild symptoms for most people.

There is no emergency (except for the vaccine purveyors’ urgent desire to fill their pockets with more and more $$$.)

Meanwhile, what do YOU get? Let’s see.

💉 You get a “vaccine” for a strain of COVID that is quickly becoming extinct.

💉 You get a shot whose ingredients are linked to clotting, which leads to lack of oxygen in body tissues.

💉 You run the risk of acquiring pathophysiologic abnormalities triggered by the spike protein, which lead to myriad damages to a number of organ systems.

💉 You get a ticket to a lottery to win a chance to become one of 65 million people worldwide suffering debilitating vaccine injuries.

💉 You get exposed to ad after ad after ad trying to guilt-shame you into getting a dangerous injection for a fading strain of COVID by warning you that not doing so will place your loved ones in harm’s way. It’s simply not true, but many doctors remain afraid to talk to their patients about it for fear of reprisals by their employers, licensing bodies and medical boards. ***

“The ‘system’ does not encourage independent thinking when it comes to treatment. They want everyone to follow the same protocols — and many healthcare providers do, as they’re afraid of the repercussions,” said Dr. Joe Varon, a critical care physician and one of the co-founders of the FLCCC. “If there’s one thing that the FLCCC is proud of, it is that we never give up. If one thing doesn’t work, we go and find something else. That’s what makes us different, and what makes us a complete alternative to what’s out there in healthcare.”

100%, Joe. An alternative to the current healthcare system is critical—especially now— given that the FDA’s recommendation for this new booster was based on data submitted by the companies that have a financial interest in the approval. There was no independent or peer review of this data.

“There is the almost unfathomable rise of 6 standard deviations from the norm in disability rates coinciding with the COVID-shots rollout in late 2020 followed by their mandating on the American labor force,” said Dr. Kory, who addressed rising cases of vaccine injuries, the continuing war on ivermectin and Big Pharma on the Kevin Wall radio program this week. (Hear Dr. Kory starting at about 15:00.) “Most dispiriting of all is that the vast majority of the vaccine-injured were highly functional before these spike protein exposures or injections.”

BOTTOM LINE: Educate yourself thoroughly about the COVID shots before deciding what’s best for you and your family.

***A one-year-old California law that allowed for the punishment of physicians who provided “misinformation” to their patients—specifically regarding COVID-19 and the vaccines— will soon be voted on for repeal. Under the law, if doctors violated “scientific consensus” and official “standards of care”, they could be cited for unprofessional conduct and subject to board disciplinary action. Many physicians claimed the law violated their First Amendment rights, and prompted several lawsuits challenging its constitutionality.


Lawmakers in both Florida and South Carolina have, in official proceedings, voiced their concern over the safety, efficacy and need for the current COVID shots.

In South Carolina, attorney Aaron Siri testified in a pandemic preparedness listening session about COVID vaccine “safety” (an oxymoron?). And in Florida, Surgeon General Joseph Ladapo warned healthy adults under the age of 65 against taking a new COVID-19 booster.

“With the amount of immunity that’s in the community — with virtually every walking human being having some degree of immunity, and with the questions we have about safety and about effectiveness, especially about safety, my judgment is that it’s not a good decision for young people and for people who are not at high risk at this point in the pandemic,” said Dr. Ladapo.

Keep talking, gentlemen. Keep talking.


GREAT NEWS!

Ohio House Bill 73 advanced to the next important step in the Ohio legislature and will soon be considered by the Senate Health Committee. Testimony will be heard by the committee followed by a vote to advance the bill to the entire Ohio Senate.

The Dave and Angie Patient and Health Provider Protection Act, if passed into law, will protect the rights of doctors to prescribe repurposed drugs. This encouraging progress on bipartisan legislation will ensure access to essential treatments that were arbitrarily restricted during the pandemic.

Our own Dr. Paul Marik, who testified on HB73 before the Ohio House Health Provider Services Committee, said this about the bill’s advancement in the Senate: “The bill is not only critical to the future of the practice of medicine in Ohio, but sets an example for the nation to follow.”


“We are seeing an increase in the number of cases of COVID. That’s the bad news. The good news is that not a single patient has had to go to the hospital because of COVID.” —Dr. Joe Varon.

Dr. Joseph Varon and Dr. Katarina Lindley joined host Betsy Ashton this week for the FLCCC Weekly Webinar to discuss what they are seeing at their practices in terms of COVID, long COVID and vaccine injury/“long vax”. No need to panic, FLCCC protocols are focused on preventiontreatment and recovery!

“Fear is a liar. So—faith over fear. Do the things you always do when you get sick and find a doctor you trust.” advised Dr. Kat Lindley.


In this new episode of ‘Whole Body Health’, Dr. JP Saleeby describes how hormones, drugs and supplements can support or interfere with your thyroid. Dr. Saleeby also explains why it is important to check your thyroid hormones if you have long COVID or post-vaccine syndrome.


In this episode of Long (COVID) Story Short, our Dr. Been reviews an early pandemic study.

This is a study of COVID-19 confirmed hospitalized patients. Researchers found two groups of individuals with biomarker profiles: the first had high fibrinogen levels in relation to C-Reactive proteins (CRP) and the second had an increase in D-Dimers in relation to CRP. These molecules generally increase in relation to CRP; however, here the researchers found that the fibrinogen and D-Dimers increased while the CRP stayed low. These cohorts were associated with higher likelihood of neurological long COVID. Dr. Been takes us through both the findings and the mechanisms.


The FLCCC protocols save lives all around the world!

From the very start in March 2020, through sharing the FLCCC Alliance COVID-19 protocols, this doctor was able to share life-saving information with hundreds of his contacts, his extended family (USA, Philippines, UK, Canada, Israel), close friends, former patients, relatives and former classmates locally and overseas. The protocols prevented infection, severe infection and untimely death for ALL of his contacts. Watch his MyStory now.


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Why delete a great tweet? Not like Joey Boy is a practicing Catholic.

Why delete a great tweet? Not like Joey Boy is a practicing Catholic.

I guess white progressive supremacists are upset that a reporter/ producer from ABC shouted out a question that Biden keeps running from this question and others. Great question. But the hypocrites on the far left are pretending they’re upset cause Joey boy was walking out of church.

And how many of these cultists even know what a church is? Where I’m upset is that the gentleman deleted the awesome tweet.

How funny is this?

(2) Keith Olbermann⌚️ on X: “Dear @ABC: your chickenshit producer here yelled at a man visiting the graves of his first wife and child. He seems to think he a functioning human and a journalist. At minimum you can relieve him of the second delusion. Fire this scumbag.” / X (twitter.com)

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McCarthy grills reporter until she ‘admits’ GOP has evidence of Biden wrongdoing.

 

McCarthy grills reporter until she ‘admits’ GOP has evidence of Biden wrongdoing.

By Andrew Mark Miller Fox News

House Speaker Kevin McCarthy set social media ablaze on Thursday after he pushed back against a reporter’s assertion that he launched an impeachment inquiry “without evidence.”

“AP reported that McCarthy’s impeachment inquiry was launched ‘without evidence,’” GOP operative Arthur Schwartz posted on X, formerly known as Twitter, on Thursday. “Here’s McCarthy forcing an AP reporter to admit that there was lots of evidence to support an impeachment inquiry.”

In the clip, Associated Press reporter Farnoush Amiri asked McCarthy about fellow Republicans who have said that the investigation into President Biden has yet to show an impeachable offense at this point. “Is that an assessment you share?” Amiri asked.

“You know, an impeachment inquiry is not an impeachment,” McCarthy responded, “What an impeachment inquiry is to do is to get answers to questions. Are you concerned about all the stuff that was recently learned?”

McCarthy then went through a list of instances that many have characterized as possible evidence of wrongdoing from the president.

“Do you believe the president lied to the American public when he said he’d never talked to his son about his business dealings?” McCarthy asked “Yes or no?”

“I can’t answer that,” Amiri replied.

“Do you believe when they said the president went on conference calls? Do you believe that happened?” McCarthy asked. “That’s what the testimony says,” Amiri answered.

Do you believe the president went to Cafe Milano and had dinner with the clients of Hunter Biden, who believes he got those clients because he was selling the brand?” “That’s what the testimony said,” Amiri answered.

“Do you believe Hunter Biden, when you saw the video of him driving the Porsche, that he got $143,000 to buy that Porsche the next day? Do you believe that $3 million from the Russian oligarch that was transferred to the shell companies that the Bidens controlled after the dinner from Cafe Milano took place?” McCarthy asked.

McCarthy then asked Amiri again if she believed the president lied, to which she responded, “But is lying an impeachable offense?”

“All I’m saying is I would like to know the answer to these questions,” McCarthy said. “The American public would like to know.”

The clip was immediately picked up by conservatives on social media who slammed the narrative from many on the left who have claimed there is no evidence of wrongdoing related to President Biden and his family.

“This is what happens when reporters follow the White House’s commands to engage as activists with the Republican inquiry instead of as journalists impartially seeking facts,” GOP strategist Matt Whitlock responded on X.

“It’s on days like today where we see what the left wing foundations that bankroll the Associated Press get for their money,” former Ted Cruz spokesperson Steve Guest posted online.

“’Is lying an impeachable offense,’” The Spectator Editor Stephen L. Miller posted on X. “Oh you sweet summer child…”

In a statement to Fox News Digital, a spokesperson for the AP said, “The Associated Press stands by reporter Farnoush Amiri, an established and respected journalist covering the U.S. Congress.”

McCarthy officially gave the go ahead for an impeachment inquiry on Tuesday after saying that House Republicans have “uncovered serious and credible allegations into President Biden’s conduct.”

“Today, I am directing our House committees to open a formal impeachment inquiry into President Joe Biden,” McCarthy announced in a statement at the Capitol. “This logical next step will give our committees the full power to gather all the facts and answers for the American public.”

 

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SSDD Part Two: Disqus channels are selectively censoring again.

I expect to be kicked off of ‘Breaking News’ soon.

Pud is supposed to be a mod there, but his name doesn’t appear as a mod there. I asked Finn, a gold star with a closed profile, about it. That will probably get me kicked off. Anyone still displaying a gold star in their screen name is likely not to be trusted. Several of our lurkers still display their gold star and brag about their “All Star” status.

Disqus is the AI bot. Fate is a gold star with a closed profile, and then there’s Finn:

So, where is Pud’s name in that list????

He’s already stated although he was made a moderator on Breaking News and Chit Chat, he can’t override the Disqus Bot  “decisions.” Numerous users have complained about innocuous posts getting deleted over there. (I can attest to that!)

But Leftists have free reign to insult every other poster on a thread. Why is that? Disqus is up to its old tricks.

Finally, they are also auto-censoring OP’s with no REAL reason given. Seriously? (You may need to enlarge the screencap below, even though it is full-size and easily readable IRL.)

Auto refused—no way to appeal.

The only POSSIBLE “rule” I am breaking there is #1: “Targeted Harassment”….hmm.

So, who am I targeting? Mod bots? Or maybe it’s the trolls showing up who call those who disagree with them MAGAts, Trumpers, commies, and assorted personal insults? As I say in the screencap, they are following the same tactics Media Mattress-trained trolls did eight years ago.

It’s strange how all those OP’s and comments attacking Trump (and conservatives in general) are fine and dandy with the Gods of Disqus.

Pud, aka The Coconut Whisperer, seems to be window-dressing to fool conservatives. He doesn’t seem to have any real power that Disqus can’t override without reason or explanation.

Remember when the original (and promoted by Disqus) NEWS VIEWS was the #1  channel — despite banning hundreds of unwary newbies who posted the wrong opinion there?

I do. I was one of them. This raises the specter of the same censorship starting all over again.

SSDD.

 

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Inside the Blue Bubble Noam Dworman clashes with Washington Post columnist Philip Bump, and the results aren’t pretty.

Inside the Blue Bubble Noam Dworman clashes with Washington Post columnist Philip Bump, and the results aren’t pretty.

Last week Noam Dworman of Comedy Cellar USA, on his Live at the Table podcast, interviewed Washington Post columnist Philip Bump. It was a debate, with Bump invited because he’s “most associated with pouring cold water on the Hunter Biden story,” as Noam put it.

The show went viral as Bump, semi-reprising the performance of Russiagate champion and Guardian reporter Luke Harding walking on an interview with Aaron Mate, left abruptly after conceding Hunter’s line, “unlike pop, I won’t make you give me half your salary” was evidence. To be fair the show had run long, but Bump insisted earlier that there was “no evidence” of wrongdoing on Joe Biden’s part, so it wasn’t a timely exit — not that I’m unfamiliar with interviews that go sideways.

I know Noam and my name got dragged into this somewhat absurdly (Bump said I had “an agenda,” as Noam brought up tapes between Petro Poroshenko and Joe Biden I’d referenced), but didn’t want to say anything. Then a subsequent show also went sideways, for much the same reason. More on that in a moment. Back to Bump v. Dworman:

Many exchanges in the podcast stand out, not in a good way. Bump repeatedly tells Noam his problem is that he’s not accepting his, Bump’s, versions of things. At about the 56-minute mark, Bump chides Noam for bringing up things that have been “debunked.” When Noam asks, “What’s been debunked?” Bump says, “I’ve written about this!” He adds, “It’s been debunked in the sense that I’ve already addressed this, and presented the counter-arguments to it.”

At about 1:05 in the video above, Noam brings up “the issue of the press. The press actually bothers me more than Joe Biden…” To which Bump interjects [emphasis mine]: “But you don’t listen to the press. I’m sitting here and telling you you’re wrong about these things and you don’t listen.” About five minutes later Noam again brings up media, and Bump says, “But again, you’re attacking the press, because you refuse to listen to what we’re saying.”

Nearly an hour into the show Bump began complaining he’d been set up, and I know what he was thinking, having of course also been in the position of being invited to an interview with someone who perhaps wants to make an ass of you. I actually don’t think that’s Noam’s game, but even if it were, the answer isn’t to keep repeating, “How can we talk when you keep insisting I get down from this high horse I’m on?”

Bump acts like he and his paper haven’t gotten all sorts of things wrong in recent years, implicitly rejecting the notion that people like Noam have reason to question anything “already addressed” by papers like the Post. If you need an explanation for declining ratings and circulation of mainstream press outlets, this vibe is it.

The other episode involved professor and frequent media commentator Dan Drezner, who laughs hysterically and at great length the instant it registers that Noam plans on countering a claim that Trump was a bad president. It’s at about the 52-minute mark:

Drezner is doing what Bump did, albeit with more humor: gagging in disbelief when a mainstream piety sent up the flagpole isn’t instantly saluted.

I think a lot of people in the world I once inhabited, in center-left media and academia, don’t realize they’ve slipped into a deeply unattractive habit of substituting checklists of unquestioned assumptions for thought. In the blue bubble Trump’s limitless evil is an idea with such awesome gravitational pull that it makes nuanced discussion about almost anything impossible. It’s why no one in media could suggest even the possibility he hadn’t colluded with Russia. He’s become an anti-God, of a faith that requires constant worship. When do we get to go back to being atheists?

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‘Mostly Peaceful’ Leftist Democrats Out of Control

Wife of Trump Ally Indicted in Georgia Receives Letter in Mail: ‘This Is Not Going to End Well’

One of the Georgia residents indicted along with former President Donald Trump last week says his wife received a troubling letter by mail.

In a social media post, David Shafer, a former chair of the Georgia Republican Party, showed an image of a letter that contained a photo of Phillips State Prison in Buford, Georgia.

The letter bears the hand-written legend, “David’s Retirement Home.”

Underneath the photo is written, “Lee, Get Out Now And Run As Fast As You Can. This Is Not Going To End Well for David.”


This from an acolyte of the “tolerant” “inclusive” Diversity Championing Leftist Democrats — TPR (Disclosure. I was a registered Democrat — like my parents and grandparents — for 30+ years. I didn’t leave the party; the party left me. It has leaned more and more toward totalitarian elitism, demanding that everyone think their way ONLY and allow Big Brother to take care of them. The days of JFK’s “Ask not what your country can do for you…” attitude are long gone.)


“Grateful to everyone who has reached out to encourage me. I have never once felt alone,” he posted in response to a posting that said a fundraising account had been set up to help him.

Many on social media supported Shafer, who made his mug shot after his arrest into his profile photo on X. “Democrats are out of control,” one poster wrote.

Shafer faces eight counts against him, including impersonating a public officer, forgery, false statements, and attempting to file false documents.

He was accused of helping organize a meeting at which he and 15 other people signed documents saying they were the true electors who should represent the state.

Shafer has filed to have his case moved to federal court, according to WANF-TV.

“Mr. Shafer and the other Republican Electors in the 2020 election acted at the direction of the incumbent President and other federal officials,” the filing said.

Other X/Twitter posters had various comments, including: “Democrats out of control” and “This is disgusting. Prayers my friend.”

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Our Disinfo-nation: the new censorship is here to stay

The list of topics on which the government and mass media feel called to protect us from ‘disinformation’ is very long.

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Inside the Collapse of Hunter Biden’s Plea Deal.

Inside the Collapse of Hunter Biden’s Plea Deal.

There were signs, subtle but unmistakable, that Hunter Biden’s high-stakes plea agreement with federal prosecutors might be on shaky ground hours before it went public in June, according to emails sent by his legal team to the U.S. attorney’s office in Delaware.

When one of Mr. Biden’s lawyers sent over the draft of the statement they intended to share with the news media, a top deputy to David C. Weiss, who had overseen the inquiry since 2018, asked to remove two words describing the status of the investigation, according to interviews and internal correspondence on the deal obtained by The New York Times. “Concluded” and “conclusion” should be replaced with the weaker “resolved,” the deputy said.

Six weeks later, the federal judge presiding over a hearing on the agreement would expose even deeper divisions and the deal imploded, prompting Mr. Weiss to seek appointment as special counsel with the freedom to expand the inquiry and bring new charges.

The deal’s collapse — chronicled in over 200 pages of confidential correspondence between Mr. Weiss’s office and Mr. Biden’s legal team, and interviews with those close to Mr. Biden, lawyers involved in the case and Justice Department officials — came after intense negotiations that started with the prospect that Mr. Biden would not be charged at all and now could end in his possible indictment and trial.

Earlier this year, The Times found, Mr. Weiss appeared willing to forgo any prosecution of Mr. Biden at all, and his office came close to agreeing to end the investigation without requiring a guilty plea on any charges. But the correspondence reveals that his position, relayed through his staff, changed in the spring, around the time a pair of I.R.S. officials on the case accused the Justice Department of hamstringing the investigation. Mr. Weiss suddenly demanded that Mr. Biden plead guilty to committing tax offenses.

Now, the I.R.S. agents and their Republican allies say they believe the evidence they brought forward, at the precise time they did, played a role in influencing the outcome, a claim senior law enforcement officials dispute. While Mr. Biden’s legal team agrees that the I.R.S. agents affected the deal, his lawyers have contended to the Justice Department that by disclosing details about the investigation to Congress, they broke the law and should be prosecuted.

“It appears that if it weren’t for the courageous actions of these whistle-blowers, who had nothing to gain and everything to lose, Hunter Biden would never have been charged at all,” a team of lawyers for one of the I.R.S. agents said in a statement, adding that the initial agreement reflected preferential treatment.

A spokesman for Mr. Weiss had no comment. He is legally barred from discussing an open investigation, and a senior law enforcement official with knowledge of the situation pushed back on the idea that Mr. Weiss had been influenced by outside pressures, and ascribed any shifts to the typical ebb and flow of negotiations.

The documents and interviews also show that the relationship between Mr. Biden’s legal team and Mr. Weiss’s office reached a breaking point at a crucial moment after one of his top deputies — who had become a target of the I.R.S. agents and Republican allies — left the team for reasons that remain unclear.

ImageThe Internal Revenue Service building in Washington.
Two I.R.S. officials accused the Justice Department of hamstringing their investigation of Hunter Biden.Credit…Hailey Sadler for The New York Times

Above all, this inside chronicle of the agreement vividly illustrates the difficulty of the task facing Justice Department officials like Mr. Weiss, who have been called upon to investigate prominent figures at a time of extreme polarization, when the nation’s political and criminal justice systems are intertwining in treacherous and unpredictable ways.

No one supervising a comparable inquiry in recent years — like those who oversaw the investigations into Hillary Clinton and Donald J. Trump — managed to smoothly unwind their investigations when they chose not to indict their targets.

Precisely what happens next is unclear. Mr. Biden’s top lawyer has quit, and accused prosecutors of reneging on their commitments. And Republicans, who waged an all-out war to discredit the deal, are seeking to maximize the political damage to President Biden, seeing it as a counter to the four criminal prosecutions of Mr. Trump, their party’s presidential front-runner.

Mr. Weiss had a few reasons to ask Attorney General Merrick B. Garland to appoint him special counsel. The status could grant him greater authority to pursue leads around the country, and could provide him with added leverage in a revamped deal with Mr. Biden. But he was also motivated by a requirement to produce a report that would allow him to answer critics, according to people with knowledge of the situation — an accounting that could become public before the 2024 election.

David C. Weiss speaking into microphones and wearing a suit. The seal of the Justice Department hangs behind him.
David C. Weiss was appointed special counsel after the implosion of an agreement that would have spared the president’s son prison time.Credit…Suchat Pederson/The News Journal, via Associated Press

In January, Christopher J. Clark, a lawyer for Hunter Biden, arrived in Wilmington, Del., to push Mr. Weiss to end the investigation into the president’s troubled son that had, at that point, dragged on for more than four years.

Mr. Clark began by telling Mr. Weiss that his legacy would be defined by how he handled this decision.

If his host somehow missed the message, Mr. Clark followed up with an even more dramatic gesture, reading a quote from a Supreme Court justice, Robert Jackson, who had been a prosecutor at the Nuremberg trials: Prosecutors could always find “a technical violation of some act on the part of almost anyone” but should never succumb to pressure from the powerful.

That first face-to-face interaction, between a fiery white-collar defense lawyer who has represented Elon Musk and a late-career federal prosecutor known for keeping his gray-haired head down, set into motion months of intense negotiations that led to an agreement that appeared to end Mr. Biden’s tax and firearms violations, only to derail over the extent of his immunity from future prosecution.

Mr. Biden’s foreign business ventures, especially when his father was vice president and later when he was addicted to crack cocaine, had long raised ethical and legal concerns. In 2018, Mr. Weiss was quietly assigned the Hunter Biden investigation and then kept on by Justice Department officials in the Biden administration to complete the job.

Mr. Weiss cast a wide net from the start, examining a range of Mr. Biden’s business dealings, his finances and personal conduct. But the inquiry eventually narrowed.

By late 2022, Mr. Weiss — who relied on the work of I.R.S. investigators, the F.B.I. and lawyers in the Justice Department’s tax division — had found some evidence but determined that he did not have sufficient grounds to indict Mr. Biden for major felonies, according to several people familiar with the situation.

Mr. Weiss told an associate that he preferred not to bring any charges, even misdemeanors, against Mr. Biden because the average American would not be prosecuted for similar offenses. (A senior law enforcement official forcefully denied the account.)

But in January, the two sides hunkered down on the business at hand. Mr. Clark first tried to undermine the gun case, arguing that the charge was likely unconstitutional and citing recent legal challenges after the Supreme Court’s decision last year expanding gun rights.

Then he took on the tax case, laying out with slides how Mr. Trump’s longtime confidant, Roger J. Stone Jr., had failed to pay his taxes for several more years than Mr. Biden but had been allowed to deal with it civilly and had faced no criminal punishment. Mr. Weiss seemed noncommittal.

If he chose not to charge, members of Mr. Biden’s legal team believed Mr. Weiss still wanted something from Mr. Biden — like an agreement to never own a gun again — to show there was some accountability after his long-running inquiry. Mr. Clark would have to wait awhile to find out.

President Biden and his son, Hunter, departing Air Force One.
When Republicans took over the House in 2022, they had pledged to conduct investigations into the younger Mr. Biden.Credit…Al Drago for The New York Times

Four months later, on Monday, May 15, a familiar figure reached out to Mr. Clark: Lesley Wolf, a top Weiss deputy with whom Mr. Clark had developed a rapport over the previous two years. In a conference call with the Biden legal team, she acknowledged Mr. Clark’s core demand: that his client never be asked to plead guilty to anything.

She then made a proposition — a deal in which Mr. Biden would not plead guilty, but would agree to what is known as a deferred prosecution agreement.

Such a deal allows a person charged with a crime to avoid entering a formal plea if he or she agrees to abide by a series of conditions, like enrolling in drug treatment or anti-violence programs, relinquishing ownership of weapons or forgoing alcohol.

The agreements, widely used to avoid clogging courts and jails with low-level offenders, have legal teeth. If the terms are violated, a person can be charged with the original crimes.

Mr. Clark — knowing Mr. Biden wanted to bring an end to the investigation that had hovered over him, his family and the Biden White House — was amenable. He told Ms. Wolf he would draft language for such an agreement, an opening bid that would kick off final talks.

By Thursday, Mr. Clark and his legal team sent Ms. Wolf their version of an agreement. It made no mention of a guilty plea, but included a promise that Mr. Biden would never again possess a gun and a pledge that he would pay his taxes.

Ms. Wolf suggested additions, including a demand for a statement of facts, a detailed and unflattering narrative of an individual’s conduct that had been investigated.

The parties then turned to the most important provision of all, an issue that would ultimately unravel the deal: Mr. Clark’s sweeping request for immunity not only for all potential crimes investigated by Mr. Weiss, but also for “any other federal crimes relating to matters investigated by the United States” he might have ever committed.

Ms. Wolf appears to have discarded Mr. Clark’s language. Mr. Clark pushed back in a call with Mr. Weiss and the language was replaced with a narrower promise not to prosecute for any of the offenses “encompassed” in the statement of facts.

The end seemed in sight. When the basic outline was hashed out, Mr. Clark asked Ms. Wolf if she was serious about finalizing the agreement — if so, he would fly out to California to explain the terms to his nervous client. Take the trip, she said.

Mr. Clark ran all of this by Mr. Biden in a meeting at his Malibu house — in a garage where he works on his paintings. He approved the plan.

That Friday, Mr. Clark asked Ms. Wolf if he should stay in California to finalize the deal in Mr. Biden’s presence over the weekend.

No, she replied, it would take her a few more days.

Mr. Clark, believing that they were on the brink of a deal, flew back to New York.

Gary Shapley wearing a dark suit and yellow tie, sitting at a table to testify.
Gary Shapley, a veteran I.R.S. investigator, tried to pursue what he believed could be a major break in the Biden investigation.Credit…Kenny Holston/The New York Times

But on Capitol Hill, the efforts to upend a resolution were gaining momentum.

While Mr. Weiss concluded that there was not enough evidence to charge Mr. Biden with major crimes, not all his colleagues shared that opinion. The perception that Mr. Biden was being treated too softly spurred resistance among some investigators who believed that his office had blocked them from following all leads.

Few were more frustrated than Gary Shapley. A veteran I.R.S. investigator, he had worked major cases and helped take on big bankers. But every time he said he tried to pursue what he believed could be a major break in the Biden investigation, he felt stymied.

When investigators went to interview Hunter Biden, they were told they couldn’t approach the house. An attempt to serve a search warrant on Joseph R. Biden Jr.’s guesthouse? Denied. The request to search a storage unit belonging to Hunter Biden? Derailed.

Finally, he reached out to Mark Lytle, a former federal prosecutor, and the men eventually connected with former Republican staff members who had worked for Senator Charles E. Grassley, Republican of Iowa, and had knowledge of federal whistle-blower protections.

Mr. Shapley had been raising concerns internally since at least the fall of 2022, but that winter, he took his allegations to the Justice Department’s watchdog, lodging a complaint in February.

By April, Mr. Shapley offered to share insider details with House Republican committee investigators, including his claim that Mr. Weiss had told him that federal prosecutors in Washington and California had refused to bring tax charges against Mr. Biden. His most startling allegation: Mr. Weiss had been so frustrated that he had considered asking Mr. Garland to appoint him as special counsel in late 2022. (Mr. Weiss and Mr. Garland have both denied that account.)

Attorney General Merrick B. Garland walking into a room, with a person carrying papers preceding him.
“I am committed to making as much of his report public as possible,” said Attorney General Merrick B. Garland, who has minimized contact with Mr. Weiss in hopes of insulating himself from the investigation into the president’s son.Credit…Kenny Holston/The New York Times

Mr. Shapley requested special protections to bypass legal restrictions on discussing ongoing federal investigations.

It all began to explode into public view on May 15 — the same day Ms. Wolf contacted Mr. Clark — when it was reported that the investigative team that had worked on the case, including Mr. Shapley, had been removed. The next day the chairman of the House Ways and Means Committee fired off a letter to the I.R.S. commissioner demanding an explanation.

Around that time, lawyers for a second tax investigator sent a letter to the I.R.S. commissioner, claiming the team of investigators on the case had been removed after expressing concerns about political interference from the Justice Department.

The letter was quickly made public. The agents’ claims were the breakthrough House Republicans had long been seeking.

The I.R.S. investigators had given Congress something genuinely new: summaries of WhatsApp messages that appeared to show Hunter Biden involved in a shakedown in which he had invoked his father, firsthand testimony from people who had reviewed Mr. Biden’s finances and the credibility of their long careers at the tax agency.

On May 24, CBS aired an interview with one of the agents. Two days later, he testified behind closed doors before the House Ways and Means Committee, creating buzz on Capitol Hill. The second man testified on June 1. Three weeks later, the committee voted to publicly release transcripts of the testimony, leading to even more news coverage.

Mr. Biden wearing a dark suit at a gala event.
Mr. Weiss was quietly assigned to investigate Hunter Biden in 2018, and was kept on by the Biden administration.Credit…Doug Mills/The New York Times

As the testimony from the I.R.S. agents took hold, Mr. Biden’s legal team felt the ground shift beneath them. The U.S. attorney’s office suddenly went quiet.

Early in the negotiations, Ms. Wolf included what seemed like a boilerplate disclaimer in an email, that her team “had not discussed or obtained approval” from her superiors for the terms of the final agreement.

On Tuesday, May 23, after four days of silence, Ms. Wolf delivered unwelcome news. Mr. Weiss had revised what he wanted in the deal, now demanding that Mr. Biden plead guilty to two misdemeanor counts of failing to pay his taxes. It crossed a red line for Mr. Clark.

Erupting in anger, Mr. Clark accused Ms. Wolf of misleading him. He renounced the possibility of any deal, but after consulting with Mr. Biden, reversed course and told Ms. Wolf that Mr. Biden was willing to go along.

Mr. Clark then went to Wilmington to meet the prosecutors, where they hammered out the details of the deal.

By the middle of June, both sides were prepared to announce a deal.

Under the agreement, Mr. Biden would plead guilty to two tax misdemeanors and avert prosecution on the gun charge by enrolling in a diversion program.

Mr. Biden’s legal team was eager to issue a statement claiming that the agreement represented the conclusion of the government’s investigation. That Monday, June 19, Mr. Clark sent a draft to Shannon Hanson, another Weiss deputy, which clearly stated the investigation was over.

“I can confirm that the five-year long, extensive federal investigation into my client, Hunter Biden, has been concluded through agreements with the United States Attorney’s Office for the District of Delaware,” it read.

“With the conclusion of this investigation, he looks forward to continuing his recovery and moving forward,” it continued.

Ms. Hanson suggested the edit from “has been concluded” to “resolved,” and she also asked Mr. Clark to strike the phrase “With the conclusion of this investigation.”

But hours after the agreement was announced, confusion set in. In a news release, Mr. Weiss’s office said that the investigation was “ongoing,” taking Mr. Biden and officials at Justice Department headquarters by surprise.

It was at this critical juncture that Ms. Wolf began to take a significantly reduced role, although it is unclear whether that had anything to do with the Biden case.

In their testimony, the I.R.S. whistle-blowers claimed that Ms. Wolf — who had made a couple of campaign donations to Democrats — had discouraged them from pursuing lines of inquiry that could lead to the elder Mr. Biden.

Around this time, Leo Wise — a senior prosecutor who had spent nearly two decades in the Baltimore U.S. attorney’s office — was quietly transferred to the department’s criminal division, then detailed to Delaware to add legal firepower to the relatively small Delaware office.

It was his name, not Ms. Wolf’s, that appeared on the plea deal. And it was Mr. Wise who was responsible for defending the deal, one he had not negotiated, in front of a federal judge who proved to be unforgiving.

Police officers in front of the Delaware District Court. They are wearing dark uniforms.
Hunter Biden’s plea deal fell apart at the courthouse in the J. Caleb Boggs Federal Building in Wilmington, Del.Credit…Kenny Holston/The New York Times

Hunter Biden walked into the Wilmington federal courthouse on July 26, with the expectation that his long legal odyssey was nearing an end.

But there were signs all was not well. Hours earlier, the Republican-controlled House Ways and Means committee had made one final stab at scuttling the agreement, urging the court to consider the whistle-blowers’ testimony.

It turned out to be unnecessary.

Judge Maryellen Noreika,, repeatedly informed the two sides that she would be no “rubber stamp.” She picked apart the deal, exposing substantial disagreements over the extent of the immunity provision.

Mr. Clark said the deal indemnified his client not merely for the tax and gun offenses uncovered during the inquiry, but for other possible offenses stemming from his lucrative consulting deals. Mr. Wise said it was far narrower — and suggested the government was still considering charges against Mr. Biden under laws regulating foreign lobbying.

The two sides tried to salvage it, Judge Noreika was not convinced, and Mr. Biden silently left the courthouse under a hail of shouted questions.