Hunter Biden prosecutor disputes GOP, IRS whistleblower claim

U.S. Attorney for Delaware David Weiss said he never requested special counsel authority during his probe of Hunter Biden, directly countering claims from an IRS whistleblower and House Republicans who said he was blocked from aggressively pursuing the case.

The letter, sent to Senate Judiciary Ranking Member Lindsey Graham (R-S.C.), disputes testimony from IRS investigator Gary Shapley, who worked on the Biden investigation and said Weiss was denied special counsel status.

Shapley also said Weiss was barred from bringing charges in D.C., where he claimed prosecutors would have been able to bring the strongest case.

Echoing earlier statements that he had total control over the investigation, Weiss’s Monday letter is his clearest language yet in pushing back on Shapley’s testimony.

There are two statutes on the books governing such appointments and the powers associated with them, Weiss notes, including a status allowing him to file charges outside his district of Delaware. 

“To clarify an apparent misperception and to avoid future confusion, I wish to make one point clear: in this case, I have not requested Special Counsel designation pursuant to 28 CFR § 600 et seq. Rather, I had discussions with Departmental officials regarding potential appointment under 28 U.S.C. § 515, which would have allowed me to file charges in a district outside my own without the partnership of the local U.S. Attorney,” Weiss wrote in a letter obtained by The Hill. 

“I was assured that I would be granted this authority if it proved necessary.“

Shapley’s testimony was released by the House Ways and Means Committee just days after Biden’s attorney announced they reached an agreement with Weiss that would mean no jail time but require the president’s son to plead guilty in relation to two tax crimes.  

The deal would also require Biden to enter a pretrial diversion program in relation to charges stemming from failing to mention drug use when buying a weapon.

Shapley has alleged that Biden received preferential treatment in the case, with authorities too eager to coordinate with Biden’s attorneys and expressing hesitation to secure search warrants. He said prosecutors slow-walked the case. 

A central detail of his testimony was also that Weiss said he was unable to bring charges in D.C.

“There were really earth-shaking statements made by David Weiss that really brought to light some of my previous concerns. And the first one was that he is not the deciding person on whether or not charges are filed. It was just shocking to me,” Shapley said during an interview with CBS News.

“I documented exactly what happened. And it doesn’t seem to match what the attorney general or the U.S. attorney are saying today.” 

Weiss earlier this month said in a letter to Congress that he could have asked for special counsel status if he wished to bring charges in Washington, and he was assured that option was available. 

“In my June 7 letter I stated, ‘I have been granted ultimate authority over this matter, including responsibility for deciding where, when and whether to file charges.’ … I stand by what I wrote and wish to expand on what this means,” Weiss said.