On Monday, the Delaware federal prosecutor investigating first son Hunter Biden denied requesting special counsel status, rejecting congressional evidence from IRS whistleblowers that he was twice blocked from the post.
"To correct an apparent misinterpretation and to avoid future confusion, I wish to make one point clear: in this instance, I have not requested Special Counsel designation," US Attorney David Weiss wrote to Sen. Lindsey Graham (R-SC) in a letter reported by Politico.
US Attorney Handling Hunter Biden Probe Has Not Requested Special Counsel
In sworn congressional testimony earlier this year, Attorney General Merrick Garland stated Weiss had "complete power" to pursue charges wherever they went. IRS supervisory agent Gary Shapley and an anonymous whistleblower testified to the House Ways and Means Committee on June 22 that Weiss confirmed that the Justice Department refused him special counsel status twice.
Shapley further alleged that Weiss revealed in an October 7, 2022, meeting that US Attorneys Martin Estrada and Matthew Graves had prevented him from filing charges in Southern California and the District of Columbia, respectively. In his first two years, Biden appointed Estrada and Graves.
According to emails obtained by Shapley's legal team, IRS Special Agent in Charge Darrell Waldon stated the IRS agent's meeting memo "covered it all" days later. Weiss wrote that the "confidence" he could pursue charges "came months before" the October 2022 meeting.
Weiss refused to discuss the first son's case, claiming his "responsibility to preserve secret law enforcement material and deliberative deliberations relating to the case."
Weiss said the whistleblowers' charges and an FBI informant's report of a $10 million bribery plan involving President Biden and his son were under investigation and could not be discussed.
Graham and House Judiciary Committee Chairman Jim Jordan (R-Ohio) have requested and been refused Weiss' office internal communications. Per Daily Mail, Weiss claimed the Justice Department promised he could seek charges beyond his Delaware district against President Joe Biden's son.
As Republican Senator Lindsey Graham emailed him to explain IRS whistleblower charges that he was denied special counsel status, the US attorney described his authority. Weiss says he's "never been refused the right to pursue charges in any jurisdiction."
As IRS agent Gary Shapely, a whistleblower, alleged that DC's senior federal prosecutor Matthew Graves, a Biden appointment, stopped Weiss from charging Hunter Biden, questions were raised regarding Weiss' authority.
Federal criminal procedures must be held in the crime district. Hunter Biden was a tax evader in Washington, DC, and California. Weiss would need the Central District of California and Washington DC agreement to pursue charges there.
Shapley claimed Weiss was refused such authorization. Weiss was promised he would have received it if he had sought it. Shapley's lawyers said Weiss lied. In June, Shapley told Fox News of an October 7, 2022, Hunter Biden case conference with top IRS and FBI officials.
Shapley replied, "I was there, and I observed this myself," when Weiss responded, "he's not the decision person whether or not charges are filed."
Shapley said Washington, DC officials made the choice. Weiss spoke with US Attorney for the District of Columbia Matthew Graves, appointed by President Joseph Biden in March 2022.
Shapley stated he stopped charging after that. Weiss told Shapley he was denied special counsel power. Shapley said that House investigators had his email detailing the encounter. Attorney General Merrick Garland has maintained Weiss had full power. Garland said Weiss "would be able to continue his investigation and to make a choice to prosecute any fashion in which he chose to and in any district."
Hunter Biden Investigation
Weiss wrote to the House Judiciary, affirming his authority. Hunter Biden, 53, pleaded guilty to tax misdemeanors. Hunter Biden's plea agreement would also avoid a felony charge of illegally having a handgun as a drug user if he follows the court's July 26 requirements.
Weiss announced the plea deal and said he charged Hunter for his 2018 pistol purchase but will not prosecute under a two-year pretrial diversion program. Republicans are investigating why Weiss did not file additional criminal charges.
Weiss has not provided Republican investigators with the requested materials due to his ongoing investigation. After Hunter Biden's July 26 federal court appearance, Weiss and Garland may speak before Congress.
The White House and President Joe Biden have frequently denied involvement in Hunter's business affairs. The White House said the President and First Lady "love their son and support him as he works to rebuild his life." Weiss, nominated by Trump, took up the Hunter Biden probe from the Trump Justice Department in 2018.
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