The U.S. Justice Department has recently submitted a request to the Southern District Court of New York, urging the establishment of a specific date for the surrender of Devon Archer. Archer, a former business associate of Hunter Biden, had previously been granted bail, but now faces imprisonment over a year later. This development coincides with Archer's scheduled testimony before the House Oversight Committee on Monday.
Back in April 2022, Archer was granted bail while appealing his conviction. The conviction, which occurred in February 2022, resulted in a year and a day prison sentence for his involvement in defrauding a Native American tribe. In recent months, the Second Circuit Court of Appeals has twice upheld his conviction.
The Justice Department's formal written request, obtained by Fox News, emphasizes the need for Archer to be ordered to surrender at a specific time determined by the court. The chosen facility for Archer's imprisonment will be designated by the Bureau of Prisons.
In response to the request, Archer's counsel, Matthew Schwartz, expressed his belief that it is too early to set a report date due to potential ongoing appeals and a recently discovered sentencing error acknowledged by the government. Schwartz intends to provide a response on behalf of his client by Wednesday.
Schwartz also responded to speculation that the Justice Department's request was an attempt to intimidate Archer ahead of his appearance before the House Oversight Committee. According to Politico, Schwartz stated, "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." He further added, "To be clear, Mr. Archer does not agree with that speculation. 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."
Commenting on Archer's upcoming testimony, House Oversight Committee Chair James Comer, R-Ky., noted that Archer has the opportunity to be a "hero" by speaking truthfully during the hearing. Comer expressed support for Archer, acknowledging the potential challenges he may face and alluding to recent events involving Hunter Biden's plea deal being put on hold in Delaware.
The Justice Department's request, Archer's pending testimony, and the ongoing legal proceedings surrounding his conviction have triggered significant attention and speculation regarding the government's intentions and Archer's role in the investigations.