Weeks after a judge declined to accept a plea deal between federal prosecutors and Hunter Biden, the U.S. attorney leading the investigation has been given special counsel status by the Justice Department.
Attorney General Merrick Garland announced Friday he granted David Weiss‘s request for special counsel authority. Weiss, a U.S. Attorney in Delaware nominated by former President Trump, has been investigating Hunter Biden for the past five years.
The move follows different accounts from an IRS whistleblower and the Justice Department about whether Weiss had power before to prosecute the case outside his Delaware district and whether he previously requested the special counsel status.
Weiss last month disputed claims from an IRS whistleblower and House Republicans who said he was previously denied special counsel status. Then this week, Weiss reportedly asked for special counsel authority.
“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,” Garland said in a statement Friday.
Background reading: What is a special counsel?
Republicans have panned the appointment. House Judiciary Committee Chairman Jim Jordan‘s (R-Ohio) spokesperson Russell Dye said in a statement that Weiss “has already signed off on a sweetheart plea deal that was so awful and unfair that a federal judge rejected it.”
U.S. District Judge Maryellen Noreika last month gave the parties 30 days to explain the plea deal, in which Biden would have pleaded guilty to two misdemeanor tax charges and avoided prosecution on a gun charge by entering a pretrial diversion program.
House Republicans have for weeks lambasted the deal, and heard testimony in committee from two IRS whistleblowers who alleged the president’s son received preferential treatment in the Justice Department‘s investigation.
On Friday, the Justice Department said in court filings that plea agreement talks had reached an impasse, stating, “The Government now believes that the case will not resolve short of a trial.”
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More coverage from The Hill: DOJ seeks to dismiss Hunter Biden case in Delaware to bring charges elsewhere