DOJ pushes back on GOP claims about Hunter Biden

The Justice Department (DOJ) in its first letter to Congress since the GOP kicked off a probe into the investigation of Hunter Biden reiterated the stance of U.S. Attorney for Delaware David Weiss that he had total control over the matter. 

Biden’s plea deal on tax crime charges has ignited fury from Republicans, who released a transcript from an IRS whistleblower who spoke to Congress and alleged the investigation was slow-walked as the president’s son received preferential treatment. 

IRS investigator Gary Shapley also claimed Weiss said he was blocked from bringing charges in Washington, D.C. — the district where he believed prosecutors could bring the strongest case against Biden.

Weiss has maintained that he had complete investigative authority and directly contradicted Shapley’s testimony by maintaining he was assured he would be able to receive a special status to bring charges in other districts should he wish to.

“U.S. Attorney Weiss has consistently made clear in his letters to the House Judiciary Committee and Members of Congress that he has ultimate authority over the matter, including the authority to bring a case in any jurisdiction, consistent with federal law, the principles of federal prosecution, and department regulations,” the DOJ writes in a letter obtained by The Hill.

Weiss, appointed by Trump, was one of the few U.S. attorneys asked to stay on during the transition to the new administration so that he could continue his investigation into Biden.

He has already agreed to meet with the committee.

The letter is in response to a letter from the chairs of the House Judiciary, Ways and Means and Oversight panels, in which they which requested to speak with a number of IRS, DOJ and FBI officials.

Whether Weiss sought or would have been granted special counsel status is at issue largely because Attorney General Merrick Garland told lawmakers Weiss had “full authority … to bring cases in other districts if he needs to do that.”

Speaker Kevin McCarthy (R-Calif.) said the comment could be grounds for an impeachment if Shapley’s testimony proves true and Garland’s comments false.

Weiss, the DOJ and the U.S. attorney in D.C. have said the Delaware prosecutor was free to pursue the case as he saw fit, including deciding where to bring charges.

There are two statutes that govern special prosecutorial authorities, one that imbues special counsel status and another that gives a prosecutor special attorney status, which allows them to bring charges outside their district. 

“U.S. Attorney Weiss further explained that if he wanted to bring charges outside the District of Delaware, he could either ‘partner’ with the U.S. Attorney’s Office for the other district, or seek ‘Special Attorney status,’” DOJ writes

“As U.S. Attorney Weiss explained, he was assured that he ‘would be granted this authority if it proved necessary.’”

Shapley is now set to testify before Congress Wednesday of next week.

Biden has agreed to plead guilty to two counts of willful failure to pay taxes. Amid the five-year investigation, he has since paid more than $200,000 in taxes.

He also agreed to enter a pretrial diversion program relating to a failure to admit to drug use when purchasing a weapon.