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Weiss special counsel investigation

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The order appointing David C. Weiss as special counsel, dated August 11, 2023

The Weiss special counsel investigation is an ongoing criminal investigation into Hunter Biden, the son of U.S. President Joe Biden. Attorney General Merrick Garland announced the appointment of Delaware United States attorney David Weiss as the special counsel on August 11, 2023, three days after Weiss requested such authority.

As U.S. attorney, Weiss began investigating Hunter Biden in 2018. Republicans had for months asked Garland to appoint a special counsel to investigate Hunter Biden. Some specifically demanded that Weiss, a Republican appointed by Donald Trump as U.S. Attorney, be appointed special counsel, giving him additional authority. After Garland appointed Weiss special counsel in August 2023, congressional Republicans said they were not satisfied, with some saying that Weiss was untrustworthy.[1][2][3]

A plea agreement negotiated in July 2023 fell through after a U.S. district judge declined to approve it, due to ambiguity about which offenses would be covered by the plea agreement. In September 2023, Hunter Biden was indicted on gun-related charges arising from his purchase of a handgun in 2018, when he had an addiction to cocaine.

Investigation

In December 2020, Hunter Biden disclosed his tax affairs were under Justice Department (DOJ) criminal investigation. Begun in late 2018, the investigation initially examined possible money laundering, but the Federal Bureau of Investigation (FBI) investigators were unable to find sufficient evidence to justify a prosecution. On December 8, 2020, prosecutors in Delaware served two subpoenas, at least one regarding Biden's taxes.[4] Then-attorney general William Barr said in December 2020 that he did not see the need for a special counsel, distancing himself from statements of then-president Donald Trump, who had pressed him to use the DOJ to attack the Biden family during his 2020 presidential campaign.[5]

The investigation was led by David Weiss, a Trump-appointed Delaware U.S. attorney, who was asked to remain in his position in the Biden administration to continue the investigation.[6] Garland said that Weiss had full independence amid claims by House Republicans of DOJ interference.[7] According to Gary Shapley and Joseph Ziegler—two Internal Revenue Service (IRS) whistleblowers who testified to Congress—Weiss sought special counsel status, but his request was denied. Both Weiss and Garland denied these claims. Garland said that Weiss had "full authority" to bring cases.[8][9] In a July 10, 2023, letter to senator Lindsey Graham, Weiss wrote he had discussed with DOJ officials being given "special attorney" status that would allow him to file charges in any federal judicial district; that he was assured he would be granted such authority if it became necessary; and that he had "never been denied the authority to bring charges in any jurisdiction".[10] Garland said had Weiss requested special counsel status, his request would have been approved. He added that Weiss would have more power as a U.S. attorney than as special counsel.[11][12] According to a transcript obtained by news organizations, FBI agent Thomas Sobocinski, who since 2021 oversaw the investigation into Hunter Biden (as special agent in charge of the FBI's Baltimore field office), disputed Shapley and Ziegler's claims of political interference. In testimony to the House Judiciary Committee, Sobocinski contradicted Shapley's claim that Weiss had said in an October 2022 meeting that he was "not the deciding person on whether charges are filed"; Sobocinski, who attended the meeting, said Weiss never said such a thing, and "If he would have said that, I would have remembered it."[13][14] CBS News later obtained what Shapley said were his contemporaneous notes of the meeting in which Shapley wrote, "Weiss stated – He is not the deciding person".[15]

In October 2022, federal agents concluded that there was sufficient evidence to charge Biden with violations of law relating to his tax filings and the October 2018 gun purchase.[16] Specifically, by April 2023, prosecutors were considering bringing four charges: two misdemeanor counts for failure to file taxes, a single felony count of tax evasion, and a charge related to a gun purchase.[17]

Plea agreement negotiations and collapse

On June 20, 2023, Biden and prosecutors entered a plea agreement, agreeing to probation for filing his taxes late, and entering into a diversion program on the gun charge. Biden's attorney said the agreement with prosecutors "resolved" the investigation, though Weiss prosecutors said the investigation was "ongoing". Prosecutors later explained that the "ongoing" aspect of the investigation referred to possible charges of failing to register as a foreign agent under the Foreign Agents Registration Act (FARA).[18][19] Republicans asserted Biden received a "sweetheart deal" as the son of the president.[20][21] Legal experts said charges are rarely brought under circumstances such as Biden's.[22][23][24][25]

On July 26, judge Maryellen Noreika declined to accept the deal, pending clarification of its terms by the parties.[26] House Republicans and conservative groups had sought to block the deal the previous day.[27] Biden attorneys asserted that the collapsed plea deal still gives him an immunity from prosecution on the felony gun charge. Prosecutors said that the agreement was never made valid.[28] On August 11, 2023, Garland appointed Weiss as special counsel.[12] The same day, Weiss filed a document stating negotiations had broken down.[12]

September 2023 indictment

On September 14, 2023, Biden was indicted on three gun charges returned by a federal grand jury in Wilmington, Delaware. Two counts allege that Biden lied on his Form 4473 when he purchased a .38 caliber Colt Cobra handgun in Delaware in 2018, by certifying on the form that he was not an unlawful user of, or addicted to, a controlled substance; the other count alleges possession of a firearm as a prohibited person (under federal law, users of illicit drugs may not own firearms).[29][30][31] Biden purchased the gun during a period when he was struggling with cocaine addiction; he possessed the gun for about 11 days, from October 12 to October 23, 2018,[30][29] until Hallie Biden tossed the gun in a dumpster.[29] Hunter Biden never used the gun to commit a crime.[31] He has said that he has been sober since 2019.[29][31]

He was ordered to appear in-person for his initial appearance and arraignment in Wilmington on October 3, 2023. U.S. Magistrate Judge Christopher Burke denied the request by Biden – who lives in California – to attend the proceeding by video conference.[32][33] Biden pleaded not guilty on all gun charges. His lawyers have said the statute he was charged under is unconstitutional.[34]

Responses and analysis

In an October 2022 interview with Jake Tapper following The Washington Post's reporting, Joe Biden said he had "great confidence" in his son.[35] Democrats have suggested that the investigation is irrelevant to swing voters.[36]

Senior House Republicans suggested the Weiss appointment was an effort to obstruct their investigation into the Biden family. House Speaker Kevin McCarthy suggested Weiss could not be trusted because he negotiated what Republicans called a "sweetheart deal" that was later rejected by a judge. Oversight Committee chairman James Comer said the appointment was "part of the Justice Department's efforts to attempt a Biden family coverup", while the spokesman for House Judiciary Committee chairman Jim Jordan said it was "just a new way to whitewash the Biden family's corruption".[37]

The gun charges brought against Hunter Biden are unusual as a standalone basis for a prosecution; most charges of lying on the background-check form or illegal weapon possession are brought against defendants charged with more serious underlying crimes.[31] Biden's defense attorney is Abbe Lowell. Upon his client's indictment in September 2023, Lowell said his client was being charged due to pressure from Republicans, saying: "Hunter Biden possessing an unloaded gun for 11 days was not a threat to public safety, but a prosecutor, with all the power imaginable, bending to political pressure presents a grave threat to our system of justice."[30] In a letter to the Republican chairs of the House committees scrutinizing Biden, Lowell wrote: "Mr. Biden was and will be charged for conduct no one else would be charged for because, as the President's son, he has been subject to your relentless efforts to inject partisan Republican politics into the process."[38]

References

  1. ^ Luke Broadwater; Maggie Haberman (August 12, 2023). "Republicans Wanted a Special Counsel Investigation of Hunter Biden. Now Many Oppose It". The New York Times. But on Friday, after Mr. Garland elevated Mr. Weiss to special counsel status, Republicans in Congress reacted publicly not with triumph, but with outrage. "David Weiss can't be trusted and this is just a new way to whitewash the Biden family's corruption," Republicans on the House Judiciary Committee wrote on X,...
  2. ^ Robertson, Nick (August 11, 2023). "Who is David Weiss, the newly appointed Hunter Biden special counsel?". The Hill.
  3. ^ Vazquez, Maegan (August 11, 2023). "Republicans who demanded special counsel to investigate Hunter Biden aren't satisfied". The Washington Post.
  4. ^ Goldman, Adam; Benner, Katie; Vogel, Kenneth (December 9, 2020). "Hunter Biden Discloses He Is Focus of Federal Tax Inquiry". The New York Times. Retrieved July 26, 2023.
  5. ^ Benner, Katie (December 21, 2020). "Barr Sees 'No Reason' for Special Counsels for Hunter Biden or the Election". The New York Times. Retrieved July 26, 2023.
  6. ^ Zapotosky, Matt (February 8, 2021). "Biden administration will ask remaining Trump-appointed U.S. attorneys to step down — with few exceptions". The Washington Post. Retrieved July 26, 2023.
  7. ^ Thrush, Glenn; Schmidt, Michael; Broadwater, Luke (June 23, 2023). "Garland Pushes Back at G.O.P. Claims of Bias in Hunter Biden Investigation". The New York Times. Retrieved July 26, 2023.
  8. ^ Lisa Mascaro & Farnoush Amiri, IRS whistleblowers air claims to Congress about 'slow-walking' of the Hunter Biden case, Associated Press (July 19, 20232).
  9. ^ AG Garland Maintains David Weiss Had Full Authority Over Hunter Biden Case, C-SPAN (June 23, 2023).
  10. ^ Carney, Jordain (July 10, 2023). "U.S. Attorney David Weiss says he has not requested special counsel status as part of the years-long investigation into Hunter Biden". Politico.
  11. ^ Brooks, Emily; Beitsch, Rebecca (August 11, 2023). "Special counsel named in Hunter Biden case: Four things to know". The Hill.
  12. ^ a b c Thrush, Glenn; Broadwater, Luke; Schmidt, Michael (August 11, 2023). "Garland Appoints Weiss as Special Counsel in Hunter Biden Inquiry". The New York Times. Retrieved August 11, 2023.
  13. ^ Luke Broadwater, F.B.I. Agent Undercuts Claims of Political Interference in Hunter Biden Inquiry, New York Times (September 12, 2023).
  14. ^ Jacqueline Alemany & Devlin Barrett, Senior FBI agent disputes some whistleblowers' claims about Hunter Biden probe, Washington Post (September 12, 2023).
  15. ^ Herridge, Catherine (September 13, 2023). "See IRS whistleblower Gary Shapley's handwritten notes about meeting with U.S. attorney leading Hunter Biden investigation". CBS News.
  16. ^ Barrett, Devlin; Stein, Perry (October 6, 2022). "Federal agents see chargeable tax, gun-purchase case against Hunter Biden". The Washington Post. Retrieved July 26, 2023.
  17. ^ Fitzpatrick, Sarah; Winter, Tom; Dilanian, Ken; Kosnar, Michael (April 20, 2023). "Federal prosecutors have considered four possible charges against Hunter Biden". NBC News. Retrieved July 26, 2023.
  18. ^ Gurman, Sadie; Linskey, Annie; Tau, Byron (July 27, 2023). "Hunter Biden's Courtroom Reversal Extends His Legal Limbo, Political Exposure". Wall Street Journal. Washington, D.C. Retrieved July 28, 2023. In court on Wednesday, prosecutors said there was still the possibility of additional charges against the younger Biden under the Foreign Agents Registration Act, which requires anyone acting on behalf of a foreign government to file reports on their activities with the Justice Department ... The judge asked if the continuing investigation could yield additional charges such as violations of the Foreign Agents Registration Act. "Yes," prosecutor Leo Wise replied.
  19. ^ Fortinsky, Sarah (June 20, 2023). "DOJ: investigation 'ongoing;' Hunter Biden attorney says probe 'resolved'". The Hill.
  20. ^ Schmidt, Michael; Entous, Adam (June 20, 2023). "Hunter Biden Reaches Deal to Plead Guilty to Misdemeanor Tax Charges". The New York Times. Retrieved July 26, 2023.
  21. ^ Cole, Devan (June 21, 2023). "Legal experts cast doubt on GOP claims of a 'sweetheart deal' in Hunter Biden case". CNN.
  22. ^ Reilly, Ryan J. (June 20, 2023). "Legal experts say the charges against Hunter Biden are rarely brought". NBC News.
  23. ^ Robert Farley; D'Angelo Gore; Eugene Kiely; Lori Robertson (June 21, 2023). "Republican Claims About Hunter Biden Offenses". FactCheck.org.
  24. ^ Dorn, Sara (June 20, 2023). "Did Hunter Biden Get Off Easy? Republicans Think So—Here's What Legal Experts Say". Forbes.
  25. ^ Whitehurst, Lindsay (June 20, 2023). "Hunter Biden charged: President's son to plead guilty to federal tax offenses, likely avoiding jail". Baltimore Sun. Associated Press.
  26. ^ Thrush, Glenn; Schmidt, Michael; Cameron, Chris (July 26, 2023). "Judge Puts Hunter Biden's Plea Deal on Hold, Questioning Its Details". The New York Times. Retrieved July 26, 2023.
  27. ^ Broadwater, Luke; Schmidt, Michael (July 25, 2023). "Republicans in Congress Seek to Block Hunter Biden's Plea Deal". The New York Times. Retrieved July 26, 2023.
  28. ^ Chase, Randall (August 8, 2023). "Delaware judge orders status report on felony gun charge against Hunter Biden". The Associated Press.
  29. ^ a b c d Schmidt, Michael S.; Thrush, Glenn (September 14, 2023). "Hunter Biden Indicted on Gun Charges". The New York Times.
  30. ^ a b c Marshall Cohen, Kara Scannell and Hannah Rabinowitz, Hunter Biden indicted on gun charges, CNN (September 15, 2023).
  31. ^ a b c d Thrush, Glenn (September 15, 2023). "The Gun Charges Against Hunter Biden Are Unusual. Here's Why". The New York Times.
  32. ^ Quinn, Melissa (September 21, 2023). "Hunter Biden ordered to appear in-person at arraignment on Oct. 3". CBS News.
  33. ^ "Judge denies Hunter Biden's request for virtual arraignment on gun charges". United Press International. September 21, 2023.
  34. ^ Hals, Tom (October 3, 2023). "Hunter Biden pleads not guilty to gun charges in Delaware court". Reuters.
  35. ^ Paybarah, Azi (October 12, 2022). "Biden says he has confidence in his son Hunter in first comments on possible federal charges". The Washington Post. Retrieved July 26, 2023.
  36. ^ Epstein, Reid; Ulloa, Jazmine (August 12, 2023). "As Hunter Biden Saga Endures, Democrats Avert Eyes and Dismiss Worries". The New York Times. Retrieved August 13, 2023.
  37. ^ Fortinsky, Sarah (August 11, 2023). "House GOP blasts appointment of Hunter Biden special counsel". The Hill.
  38. ^ Devlin Barrett & Perry Stein, Hunter Biden indicted on false statement, gun charges in Delaware, Washington Post (September 14, 2023).
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