America First Legal Foundation v. Merrick Garland, et al.

Problem:

AFL obtained emails from litigation against the National Archives and Records Administration confirming that Hunter Biden directly represented Burisma in its dealings with the Obama White House, and particularly to the Office of the Vice President. Hunter was both a board member of Burisma, which qualifies him as a “foreign principal” under 22 U.S.C. § 611(b). Hunter was also an attorney at the law firm representing Burisma. An “agent of a foreign principal” under FARA includes “any person who acts as an agent, representative, employee, or servant, or any person who acts in any other capacity at the order, request, or under the direction or control, of a foreign principal or of a person any of whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in major part by a foreign principal.”

Hunter Biden was thus apparently Burisma’s agent and subject to registration under the Foreign Agents Registration Act (“FARA”). Following this damning revelation, AFL filed a formal complaint with the DOJ against Hunter Biden for failing to register under FARA.