Garland Appoints Special Counsel in Hunter Biden Probe

Attorney General Merrick Garland speaks at the Department of Justice in Washington on Aug. 11, 2023. (Stephanie Scarbrough/AP Photo)

Attorney General Merrick Garland announced Friday the appointment of U.S. Attorney David Weiss as special counsel in the Department of Justice’s (DOJ) ongoing investigation of first son Hunter Biden.

“I’m here today to announce the appointment of David Weiss as a special counsel, consistent with the Department of Justice regulations governing such matters,” Mr. Garland said at a press conference.

“In keeping with those regulations, I have today notified the designated members of each house of Congress of the appointment.”

Mr. Weiss, the U.S. attorney for the District of Delaware, was asked to lead the department’s investigation of Mr. Biden in February 2021. That investigation led to charges being filed against the first son in June, including two violations of failure to pay income tax and one violation of unlawful possession of a firearm.

In announcing those charges, however, Mr. Weiss also revealed that Mr. Biden had agreed to plead guilty to the two tax offenses and enter a pretrial diversion agreement to avoid conviction on the firearms offense. The bargain, which was likely to result in no prison time, was immediately slammed by Republicans as a “sweetheart deal.”

But that deal fell apart in court on July 26, when U.S. District Judge Maryellen Noreika expressed “concerns” that the diversion agreement linked tax crimes to resolving felony gun charges, describing this as “atypical” and “unprecedented.” As a result, the deal was put on hold and Mr. Biden pleaded not guilty.

Mr. Weiss has claimed in communications with Congress that he has complete authority over the case, yet according to the testimony of two IRS whistleblowers, he was previously denied the special counsel status he requested. Mr. Weiss, however, has denied those claims. The IRS whistleblowers, who went public in recent months, also claimed political meddling in the DOJ’s investigation of Mr. Biden’s tax affairs.

“On Tuesday of this week, Mr. Weiss advised me that in his judgment, his investigation had reached a stage at which he should continue his work as a special counsel, and he asked to be so appointed,” the attorney general said Friday. “Upon considering his request, as well as the extraordinary circumstances relating to this matter, I have concluded that it is in the public interest to appoint a special counsel.”

Mr. Garland added that the appointment confirmed his commitment to providing Mr. Weiss with the necessary resources for his investigation, and “also reaffirms that Mr. Weiss has the authority he needs to conduct a thorough investigation and to continue to take the steps he deems appropriate independently based only on the facts and the law.”

Mr. Weiss will retain his position as U.S. attorney in addition to his new role as special counsel.

House Republicans reacted to the appointment with distrust, with Oversight Committee Chair James Comer (R-Ky.) labeling it another attempt by the DOJ to “coverup” the Biden family’s alleged influence peddling scheme.

“Let’s be clear what today’s move is really about. The Biden Justice Department is trying to stonewall congressional oversight as we have presented evidence to the American people about the Biden family’s corruption,” Mr. Comer said in a statement.

‘Ultimate Authority’

In a June 7 letter to House Judiciary Committee Chairman Jim Jordan (R-Ohio), Mr. Weiss affirmed that he had been “granted ultimate authority” over the Justice Department’s investigation of Mr. Biden, including decisions on “where, when, and whether to file charges.”

That assertion, however, contradicts the testimony of two IRS whistleblowers who were involved in the investigation.

Testifying before the House Ways and Means Committee on May 26, IRS Special Agent Joseph Zeigler said, “The U.S. Attorney in Delaware in our investigation was constantly hamstrung, limited, and marginalized by DOJ officials as well as other U.S. Attorneys.”

Mr. Zeigler served as the lead investigator in the probe before he was removed from the case in what he says was retaliation for voicing his concerns about the integrity of the investigation.

Meanwhile, IRS Supervisory Special Agent Gary Shapley said Mr. Weiss had personally told him that he was “not the deciding official on whether charges are filed” in the case and that U.S. Attorney for the District of Columbia Matthew Graves “would not allow him” to charge Mr. Biden in his district.

Mr. Shapley also said that Mr. Weiss told him he’d sought special counsel authority from the Justice Department and been denied.

Like Mr. Zeigler, Mr. Shapley claims he was retaliated against for speaking out.

The attorney general and Mr. Weiss have denied the two whistleblowers’ claims.

Plea Deal Scrapped

Mr. Weiss’ appointment as special counsel coincided with the news that his criminal case against Mr. Biden will head to trial amid the collapse of the two parties’ plea negotiations.

“The Government now believes that the case will not resolve short of a trial,” Mr. Weiss said in an Aug. 11 court filing.

According to Mr. Weiss, Mr. Biden’s legal team was asked to provide his position on the matter by Aug. 11. They requested more time, which the special counsel declined to give. As Mr. Biden had yet to respond, Mr. Weiss requested that Judge Noreika dismiss the case and allow it to be brought in another district.

“Venue for these offenses does not lie in Delaware,” he said. “Rather, venue for these offenses and any other related tax offenses lies either in the Central District of California or in the District of Columbia.

“The information was filed in this District because the parties had previously agreed that the Defendant would waive any challenge to venue and plead guilty in this District. However, during the July 26, 2023, hearing that the Court set on this matter, the Defendant pled not guilty. Since that time, the parties have engaged in further plea negotiations but are at an impasse.”

In the new venue, Mr. Weiss and his team will pursue a guilty verdict.

The Epoch Times has reached out to the White House and Mr. Biden’s attorneys for comment.