Attorney General Merrick Garland announced Friday the appointment of U.S. Attorney David Weiss as special counsel in the Department of Justice’s ongoing investigation of first son Hunter Biden.
“I’m here today to announce the appointment of David Weiss as a special counsel, consistent with the Department of Justice regulations governing such matters,” Mr. Garland said at a press conference.
“In keeping with those regulations, I have today notified the designated members of each house of Congress of the appointment.”
Mr. Weiss, the U.S. attorney for the District of Delaware, was asked to lead the department’s investigation of Mr. Biden in February 2021. That investigation led to charges being filed against the first son in June, including two violations of failure to pay income tax and one violation of unlawful possession of a firearm.
In announcing those charges, however, Mr. Weiss also revealed that Mr. Biden had agreed to plead guilty to the two tax offenses and enter a pretrial diversion agreement to avoid conviction on the firearms offense. The bargain, which was likely to result in no prison time, was immediately slammed by Republicans as a “sweetheart deal.”
But that deal fell apart in court on July 26, when U.S. District Judge Maryellen Noreika expressed “concerns” that the diversion agreement linked tax crimes to resolving felony gun charges, describing this as "atypical" and "unprecedented." As a result, the deal was put on hold and Mr. Biden pleaded not guilty.
Mr. Weiss has claimed in communications with Congress that he has complete authority over the case, yet according to the testimony of IRS whistleblowers, he was previously denied the special counsel status he requested. Mr. Weiss, however, has denied those claims.
“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,” the attorney general said Friday. “Upon considering his request, as well as the extraordinary circumstances relating to this matter, I have concluded that it is in the public interest to appoint a special counsel.”
Mr. Garland added that the appointment confirmed his commitment to providing Mr. Weiss with the necessary resources for his investigation, and “also reaffirms that Mr. Weiss has the authority he needs to conduct a thorough investigation and to continue to take the steps he deems appropriate independently based only on the facts and the law.”