The federal prosecutor who led the investigation into Hunter Biden broke his silence on Friday and insisted he had “ultimate authority” over the probe, despite IRS whistleblower allegations that the IRS, DOJ, and FBI interfered with the investigation.
David Weiss, the U.S. attorney for the District of Delaware, previously told House Judiciary chairman Jim Jordan on June 7 that he was in charge of “deciding where, when and whether to file charges” against the younger Biden.
“I stand by what I wrote,” Weiss said in a letter he sent Friday in response to Jordan’s June 22 request for information about the investigation.
“At the outset, I would like to reaffirm the contents of the June 7 letter drafted by my office and reiterate that I am not at liberty to provide the materials you seek,” Weiss said.
“The whistleblowers’ allegations relate to a criminal investigation that is now being prosecuted in the United States District Court for the District of Delaware. At this juncture, I am required to protect confidential law enforcement information and deliberative communications related to the case. Thus, I will not provide specific information related to the Hunter Biden investigation at this time,” Weiss added.
The DOJ announced last month that Hunter Biden had agreed to plead guilty to two tax misdemeanors related to his failure to pay his taxes in 2017 and 2018. He will also enter a diversion agreement that will allow him to avoid jail time for possessing a handgun while intoxicated in 2018.
The gun charge centered on the younger Biden’s acknowledgment in his recent autobiography that he was using crack nearly every 15 minutes around the time he purchased a handgun in 2018, despite claiming on a federal background check that he was not using illicit drugs.
The two IRS whistleblowers told the House Ways and Means Committee they pushed for felony charges against Hunter Biden in the tax probe and that Weiss wanted to bring charges against the younger Biden in the District of Columbia and Southern California last year but was denied by DOJ officials both times.
Weiss also asked to be appointed special counsel in the case on several occasions, including in Spring 2022, but those requests were also rebuffed by the DOJ, according to the whistleblowers’ testimony.
The two whistleblowers also said they were retaliated against for bringing attention to the alleged misconduct.
“The Department of Justice did not retaliate against ‘an Internal Revenue Service Criminal Supervisory Special Agent and whistleblower, as well as his entire investigative team… for making protected disclosures to Congress,’” Weiss wrote in response to Jordan’s letter.
Weiss went on to further explain what he means when he says he was “granted ultimate authority” by attorney general Merrick Garland “consistent with federal law, the Principles of Federal Prosecution, and Departmental regulations.”
“As the US Attorney for the District of Delaware, my charging authority is geographically limited to my home district,” Weiss says. “If venue for a case lies elsewhere, common Departmental practice is to contact the United States Attorney’s Office for the district in question and determine whether it wants to partner on the case. If not, I may request Special Attorney status from the Attorney General pursuant to 28 U.S.C. § 515.”
“Here, I have been assured that, if necessary after the above process, I would be granted § 515 Authority in the District of Columbia, the Central District of California, or any other district where charges could be brought in this matter,” he added.
Weiss concluded his letter by saying, “At the appropriate time, I welcome the opportunity to discuss these topics with the Committee in more detail, and answer questions related to the whistleblowers’ allegations consistent with the law and Department policy. It is my understanding that the Office of Legislative Affairs will work with the Committee to discuss appropriate timeline and scope.”