Federal Prosecutor David C. Weiss has refuted a key element of testimony given by an Internal Revenue Service (IRS) official regarding the investigation of Hunter Biden. In a letter to the Senate Judiciary Committee, Weiss stated that he had never requested special counsel status from the Justice Department to pursue the case, contrary to the testimony of the IRS official, Gary Shapley. Shapley had claimed that Weiss sought special counsel status and was denied. Weiss clarified that he had only discussed the potential of being appointed as a special attorney, which would have allowed him to file charges in a district outside of Delaware without the involvement of the local U.S. attorney.
The distinction between a special attorney and a special counsel is significant. The special attorney provision allows a federal prosecutor to intervene in cases that involve multiple jurisdictions or have unique circumstances, while the special counsel regulations come with internal reporting requirements and congressional oversight provisions.
Weiss emphasized that he had not been denied the authority to bring charges in any jurisdiction and had not requested special counsel designation. He stated that he had discussions with officials in the Department of Justice about the possibility of being appointed as a special attorney.
The investigation into Hunter Biden has faced scrutiny, with Republicans criticizing a plea deal that sees him pleading guilty to misdemeanor tax charges and avoiding prosecution on a separate gun charge. Shapley’s testimony has been used to suggest that political interference played a role in the outcome, and there have been calls for the impeachment of Attorney General Merrick B. Garland.
Weiss defended the integrity of the ongoing five-year investigation in his letter. He confirmed that he had been given full authority in the case, as stated by Attorney General Garland. Weiss also acknowledged that he had considered seeking the option to bring potentially more serious tax charges against Hunter Biden outside of Delaware.
The content of Shapley’s testimony regarding the involvement of Biden-appointed U.S. attorneys in California and Washington in blocking Weiss from prosecuting Hunter Biden on felony tax charges was not directly addressed by Weiss in his letter.
The investigation into Hunter Biden began in 2018 under the Trump Justice Department and was later handed to Weiss, a Republican who garnered support from Delaware’s two Democratic senators during his confirmation. After President Biden’s election, Weiss remained in charge of the inquiry, and Attorney General Garland maintained that arrangement to avoid any suggestion of political interference.
Shapley, testifying under whistle-blower protections, claimed that Weiss had stated he would not be the deciding official in whether to prosecute Biden. Shapley also alleged that Weiss had been denied special counsel status when seeking charges beyond those covered by Biden’s plea agreement. Weiss reportedly reached out to federal prosecutors in Washington and the Central District of California, but both requests were rejected.
The controversy surrounding the case also involves Shapley’s claim that his criticism of the Justice Department led to him being denied a promotion. Weiss denied retaliating against Shapley in a previous letter to Representative Jim Jordan.
Weiss’s letter provides further insight into the prosecution’s perspective and attempts to clarify misperceptions surrounding the case. As the investigation into Hunter Biden continues, it remains a politically charged topic with ongoing implications.