Federal Prosecutor Pushes Back on IRS Whistleblower’s Claim That Hunter Biden Probe Was Throttled

Delaware U.S. Attorney David Weiss sent a letter to Senator Lindsey Graham Monday pushing back against an IRS whistleblower’s allegation that Department of Justice leadership prevented him from aggressively prosecuting Hunter Biden.

Weiss insists in the letter, obtained by the Washington Post, that he never asked Attorney General Merrick Garland to elevate him to special prosecutor, contradicting whistleblower Gary Shapley’s claim that Weiss told him and other agents on the case that he been denied the appointment, which would have given him the authority to bring charges outside his jurisdiction.

Under DOJ rules, Weiss was not obligated to request the special counsel appointment. Instead, as attorney general, Garland was obligated to appoint a special prosecutor if the investigation presented a conflict of interest for his department.

Shapley further alleged in congressional testimony that Weiss told him that he had been barred from bringing charges in Washington, D.C., where Hunter allegedly committed his most serious tax crimes. Weiss denied that allegation in his letter as well, saying that he had been assured he would be able to bring charges in any jurisdiction he thought necessary.

The statement directly contradicts IRS whistleblower Gary Shapley’s testimony that Weiss was disempowered from bringing charges against Hunter Biden despite sufficient evidence.

In late June, Senator Graham demanded answers from Attorney General Merrick Garland and Weiss addressing charges that the investigation into Hunter Biden’s taxes was corrupted by political bias.

“Whistleblower allegations indicate that while you were investigating Hunter Biden you requested Special Counsel designation and were denied, and that you sought more serious charges and that attempt was rejected,” Graham wrote Weiss.

“As I write, I do not know if the allegations are credible, but I know they are serious, and I believe it is incumbent on you to clarify and inform the public. I am confident this can be achieved without compromising confidential sources.”

Meanwhile, Shapley has insisted the Department of Justice blocked the execution of a search warrant for Biden properties ahead of the 2020 presidential election.

“Between April and June 2020, we drafted an affidavit to execute a search warrant at a couple different locations and the prosecutors at the time stated that probable cause had been achieved but as we moved closer to the election, it just seemed like they kept putting it on the back burner,” Shapley told Fox News anchor Bret Baier in late June.

“[T]hey didn’t allow us to do that search warrant, even though the legal requirements to execute the search warrant were met,” the 14-year IRS veteran added.

Weiss did not address those particular allegations in his letter.

The comments came hours after Shapley spoke with CBS News and reiterated that political bias compromised the investigation into Hunter Biden’s taxes, which resulted in misdemeanor charges for unpaid taxes in 2017 and 2018. “We have to make sure as a special agent for IRS Criminal Investigation that we treat every single person exactly the same,” Shapley told the outlet at the time.

“And that just simply didn’t happen here.”