David Weiss Spl Cncl
---
6 yr investigation?! only ended bc of pardon
much talk on appt chrono and by who
David Charles Weiss (born 1956) is an American attorney. He was nominated by President Donald Trump to be United States attorney for the United States District Court for the District of Delaware, and was retained by President Joe Biden. He served in that office from February 22, 2018 to January 17, 2025.[1]
Career
Weiss received his bachelor's degree from Washington University in St. Louis and his Juris Doctor degree from Widener University School of Law.[2] He clerked for Justice Andrew D. Christie of the Delaware Supreme Court. He then served as an assistant United States Attorney in Delaware from 1986 to 1989, prosecuting violent crimes and white-collar criminal offenses. Leaving the U.S. Attorney's office, he worked as a commercial litigation associate and partner at the Duane Morris firm and as an executive at a financial services firm.[3][4] He returned to the Delaware U.S. Attorney's office as First Assistant U.S. Attorney in 2007.[2] In this capacity, he served as Acting U.S. Attorney for the District of Delaware from 2009 until the confirmation of Charles Oberly.[5]
Weiss later served as Acting U.S. Attorney for Delaware again during the administration of Donald Trump following the resignation of Oberly. He was subsequently nominated to officially fill that position, and on February 15, 2018, his nomination to be the United States Attorney was confirmed by the Senate by voice vote. He was sworn in on February 22, 2018.[2]
Hunter Biden investigation
Main article: Weiss special counsel investigation
Weiss has been in charge of the investigations into the financial dealings of Hunter Biden and was asked to stay on during the Biden administration.[6][7] On August 11, 2023, Weiss was named special counsel in the Hunter Biden probe by Attorney General Merrick Garland.[8] On February 14, 2024, he indicted a former FBI informant with lying about President Joe Biden and his son Hunter Biden’s involvement in business dealings with Ukrainian energy company Burisma Holdings undercutting a major aspect of Republicans’ impeachment inquiry into the president.[9]
On December 1, 2024, President Biden issued a "Full and Unconditional Pardon" for Hunter Biden for "offenses against the United States which he has committed or may have committed or taken part in during the period from January 1, 2014 through December 1, 2024."[10] As a result of the pardon, the sentencing was dismissed, with the District Judge noting in his order that the pardon "demands the termination of this proceeding."[11] On January 13, 2025, Weiss's report was released.[12] On January 17, 2025, Weiss resigned as both U.S. attorney and special counsel.[13]
---
The Weiss special counsel investigation was a criminal investigation into Hunter Biden, the son of U.S. President Joe Biden. Attorney General Merrick Garland announced the appointment of David Weiss, U.S. Attorney for the District of Delaware, as the special counsel on August 11, 2023, three days after Weiss requested such authority.
Since 2018, Weiss had been investigating Hunter Biden as U.S. attorney. In 2023, Republicans asked Garland to appoint a special counsel, some specifically demanding Weiss, a Republican appointed to his role by President Donald Trump. Garland ultimately appointed Weiss, giving him additional authority. However, congressional Republicans then expressed criticism, some stating Weiss was untrustworthy.[1][2][3]
A plea agreement negotiated in July 2023 fell through after a U.S. district judge declined to approve it, due to disagreement between the defense and prosecution about the extent of the prosecutorial immunity offered. In September 2023, Hunter Biden was indicted on gun-related charges arising from his purchase of a handgun in 2018, when he had an addiction to cocaine. In December 2023, the special counsel indicted Biden on nine additional counts, all tax-related charges.[4] Biden's gun trial began on June 3, 2024, and he was found guilty of all counts on June 11, making him the first child of a sitting U.S. president to be convicted in a criminal trial.[5][6][7][8] Hunter Biden was scheduled to face an additional trial related to the tax charges starting on September 5, 2024.[9] On this day, however, he would instead change his plea to guilty.[10][11]
On December 1, 2024, President Biden granted Hunter Biden a full and unconditional pardon for all offenses charged by Special Counsel Weiss and for any other crimes he may be alleged to have committed from January 1, 2014, through December 1, 2024. He said he made this decision due to what he claimed was the "selective" and "political" nature of the charges against his son, which he deemed an extraordinary affront to justice, necessitating his rare interference in the justice system.[12] David Weiss later issued a statement saying "There was none and never has been any evidence of vindictive or selective prosecution in this case.”[13]
On January 13, 2025, Weiss's special counsel report was released.[14] In the report, Weiss criticized the assertions made by President Biden in his December 1 pardon, noting "Calling those rulings into question and injecting partisanship into the independent administration of the law undermines the very foundation of what makes America's justice system fair and equitable. It erodes public confidence in an institution that is essential to preserving the rule of law...[T]hese baseless accusations have no merit and repeating them threatens the integrity of the justice system as a whole." Weiss also stated that because of the pardon, he was prevented from making "additional charging decision". Hunter Biden's legal team did not review the report prior to its public release.[15]
Investigation
[
](https://en.wikipedia.org/wiki/File:David_C._Weiss_Official_Portrait_2018.jpg)U.S. attorney David Weiss
Trump administration
In December 2020, Hunter Biden disclosed his tax affairs were under Justice Department (DOJ) criminal investigation. Begun in late 2018, the investigation initially examined possible money laundering, but the Federal Bureau of Investigation (FBI) investigators were unable to find sufficient evidence to justify a prosecution.
On December 8, 2020, prosecutors in Delaware served two subpoenas, at least one regarding Biden's taxes.[16] Trump administration attorney general William Barr said in December 2020 that he did not see the need for a special counsel, distancing himself from statements of then-president Donald Trump, who had pressed him to use the DOJ to attack the Biden family during his 2020 presidential campaign.[17]
The investigation was led by David Weiss, a Republican, and Trump-appointed U.S. Attorney for the State of Delaware.
Biden administration
Weiss was asked to remain in his position in the Biden administration to continue the investigation.[18] Garland, the Biden administration's attorney general, said that Weiss had full independence amid claims by House Republicans of DOJ interference.[19] According to Gary Shapley and Joseph Ziegler—two Internal Revenue Service (IRS) whistleblowers who testified to Congress—Weiss sought special counsel status, but his request was denied. Both Weiss and Garland denied these claims. Garland said that Weiss had "full authority" to bring cases.[20][21] In a July 10, 2023 letter to senator Lindsey Graham, Weiss wrote he had discussed with DOJ officials being given "special attorney" status that would allow him to file charges in any federal judicial district; that he was assured he would be granted such authority if it became necessary; and that he had "never been denied the authority to bring charges in any jurisdiction".[22]
Garland said had Weiss requested special counsel status, his request would have been approved. He added that Weiss would have more power as a U.S. attorney than as special counsel.[23][24] According to a transcript obtained by news organizations, FBI agent Thomas Sobocinski, who since 2021 oversaw the investigation into Hunter Biden (as special agent in charge of the FBI's Baltimore field office), disputed Shapley and Ziegler's claims of political interference. In testimony to the House Judiciary Committee, Sobocinski contradicted Shapley's claim that Weiss had said in an October 2022 meeting that he was "not the deciding person on whether charges are filed"; Sobocinski, who attended the meeting, said Weiss never said such a thing, and "If he would have said that, I would have remembered it."[25][26] CBS News later obtained what Shapley said were his contemporaneous notes of the meeting in which Shapley wrote, "Weiss stated – He is not the deciding person".[27]
In October 2022, federal agents concluded that there was sufficient evidence to charge Biden with violations of law relating to his tax filings and the October 2018 gun purchase.[28] Specifically, by April 2023, prosecutors were considering bringing four charges: two misdemeanor counts for failure to file taxes, a single felony count of tax evasion, and a charge related to a gun purchase.[29]
Plea agreement negotiations, collapse, and subsequent plea
On June 20, 2023, Hunter Biden and prosecutors entered a plea agreement, agreeing to probation for filing his taxes late and entering into a diversion program on the gun charge in return for broad immunity from prosecution in perpetuity for a range of matters being investigated by the Justice Department. According to the New York Times, judge Maryellen Noreika seemed skeptical about the deal and questioned why it had been filed under a provision that gave her no legal authority to reject it. When questioned, prosecutor Leo Wise acknowledged that there was no precedent for the kind of deal proposed.[30]
Hunter Biden's attorney said the agreement with prosecutors "resolved" the investigation, though Weiss prosecutors said the investigation was "ongoing". Prosecutors later explained that the "ongoing" aspect of the investigation referred to possible charges of failing to register as a foreign agent under the Foreign Agents Registration Act (FARA).[31][32] Republicans asserted Biden received a "sweetheart deal" as the son of the president.[33][34] Legal experts said charges are rarely brought under circumstances such as Biden's.[35][36][37][38]
On July 26, Judge Maryellen Noreika declined to accept the deal, pending clarification of its terms by the parties.[39] House Republicans and conservative groups had sought to block the deal the previous day.[40] Biden attorneys asserted that the collapsed plea deal still gives him an immunity from prosecution on the felony gun charge. Prosecutors said that the agreement was never made valid.[41]
Special counsel and firearm indictment
[
](https://en.wikipedia.org/wiki/File:Appointment_of_David_C._Weiss_as_Special_Counsel.pdf)The order appointing David C. Weiss as special counsel, dated August 11, 2023
On August 11, 2023, Garland appointed Weiss as special counsel.[24] The same day, Weiss filed a document stating negotiations had broken down.[24]
On September 14, 2023, Hunter Biden was indicted on three gun charges returned by a federal grand jury in Wilmington, Delaware. Two counts allege that Biden lied on his Form 4473 when he purchased a .38 caliber Colt Cobra handgun in Delaware in 2018, by certifying on the form that he was not an unlawful user of, or addicted to, a controlled substance; the other count alleges possession of a firearm as a prohibited person (under federal law, addicts of controlled substances may not own firearms,[42][43][44] which was found to be unconstitutional by SCOTUS in Robinson v. California).[original ^research?] The three counts are felonies with a maximum sentence of 25 years in prison.[45] Biden purchased the gun during a period when he was struggling with cocaine addiction; he possessed the gun for about 11 days, from October 12 to October 23, 2018,[43][42] until Hallie Biden tossed the gun in a dumpster.[42] Hunter Biden never used the gun to commit a crime.[44] He has said that he has been sober since 2019.[42][44] The indictment charges Biden with violating the following laws:
- 18 U.S.C. §922(a)(6): It shall be unlawful...for any person in connection with the acquisition or attempted acquisition of any firearm or ammunition from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, knowingly to make any false or fictitious oral or written statement or to furnish or exhibit any false, fictitious, or misrepresented identification, intended or likely to deceive such importer, manufacturer, dealer, or collector with respect to any fact material to the lawfulness of the sale or other disposition of such firearm or ammunition under the provisions of this chapter;[46][47]
- 18 U.S.C. §922(g)(3): It shall be unlawful for any person...who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802))...to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.[46][47]
- 18 U.S.C. §924(a)(1)(A): ...whoever knowingly makes any false statement or representation with respect to the information required by this chapter to be kept in the records of a person licensed under this chapter or in applying for any license or exemption or relief from disability under the provisions of this chapter...shall be fined under this title, imprisoned not more than five years, or both.[46][48]
ATF Form 4473, October 2016 revision
Question 11.e. on the form asked, "Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?"[49]
At his initial appearance and arraignment in Wilmington on October 3, 2023, Biden pleaded not guilty on all gun charges. His lawyers have said the statute he was charged under is unconstitutional.[50]
In November 2023, Hunter Biden's attorneys filed a motion for authorization to issue subpoenas for documents from Donald Trump, former Attorney General Bill Barr and other Department of Justice officials. Biden's attorneys contend that the documents that could be obtained by the subpoenas could support their theory that the charges are the result of a "selective or vindictive prosecution arising from an unrelenting pressure campaign beginning in the last administration."[51] Weiss opposed this request, denying that the prosecution is vindictive or selective, and arguing that these claims can only be raised during trial.[51]
In January 2024, prosecutors argued to maintain the gun charge, revealing that cocaine residue was found in Biden's gun pouch;[52] at the time of this report, it was again noted that possessing a gun while using illegal drugs is against the law.[53]
Trial and conviction
| United States v. Biden | United States v. Biden |
|---|---|
 | |
| Court | United States District Court for the District of Delaware |
| Full case name | United States of America v. Robert Hunter Biden |
| Submitted | September 14, 2023 |
| Started | June 3, 2024 |
| Decided | June 11, 2024 |
| Verdict | Guilty on all counts[a] |
| Charge | Possession of a gun while addicted to a controlled substance (1 felony count) Making false statements (2 felony counts) |
| Court membership | Court membership |
| Judge sitting | Maryellen Noreika |
A final pre-trial hearing for Biden's firearm charges was held on May 24, 2024.[7][54] At the same time, it was stated that Biden's trial for these charges was set to begin June 3, 2024.[7][54] During the final hearing, Judge Maryellen Noreika ruled that prosecutors could not refer to his upcoming California tax trial, child support proceedings in Arkansas, his discharge from the Navy, or include a statement which Biden made at a July 2023 hearing where his plea deal collapsed.[54] However, the prosecution will be able to bring up Biden's drug use, portions of his memoir Beautiful Things, and a summary of data from his phone and iPad.[54]
The trial began in the District Court for the District of Delaware courthouse on June 3, 2024.[6][5][7] A jury of six men and six women was selected that day.[55][56] On June 4, opening statements were heard.[57] After opening statements concluded, FBI special agent Erika Jensen took the stand to testify as the prosecution's first witness.[57] Jensen During her testimony, Jensen noted passages from Hunter Biden's memoir where Biden acknowledged his addiction and crack smoking, with the jury also hearing passages from the memoir's audiobook.[57] Jensen also verified bank statements which were made from Hunter Biden's Wells Fargo account, indicating he made ATM withdraws in California and Washington D.C. in April 2019.[57] Between September and November 2018, Biden also made $151,640.45 in cash withdrawals.[57] Biden was also confirmed to have been in at a detox center in Southern California known as "The View" 40 days before he purchased the Colt Cobra revolver, even though he claimed on the ATF form which was used during the gun purchase that he was not using illegal drugs at the time of the purchase.[57] Hunter's laptop and iPad were also introduced as evidence, revealing, among other things, messages Hunter exchanged and a photo of what appeared to be cocaine.[57]
:{On June 5, Hunter Biden's ex-wife Kathleen Buhle, ex-girlfriend Zoe Kestan, and Gordon Cleveland, the gun retailer who sold Biden the Colt Cobra which was the subject of the trial, all testified.[58] Buhle testified that she did not become aware of Biden being a drug user until 2015.[58] Buhle testified she never saw Biden use drugs but learned about his drug use while in therapy and further stated that she would search his car before their daughters used it as he would leave drugs and drug paraphernalia in it.[58]
Kestan, who at one point lived with Biden, testified that she saw Biden use crack when they first met in 2017 when she was a part-time stripper and that he was a drug addict throughout much of their relationship. She that she saw Biden smoking crack cocaine "every 20 minutes or so" in a Malibu home that he had rented in 2018. Kestan left Malibu around September 22 and 23 to head back to the East Coast.[58] Cleveland testified that Biden asked for a Colt revolver, even though he showed Biden some Rugers guns, and that he also saw Biden fill out the ATF form in question.[58] The gun was also introduced as evidence.[58] Cleveland stated that Biden purchased a box of hollow bullets, which Cleveland told Biden were better for self-defense.[58]}:
On June 6, Hunter's former lover and sister-in-law Hallie Biden testified. In her testimony, Hallie stated how she became a drug user after Hunter introduced her to drugs, but quit using them a couple of months before Hunter bought the gun.[59] She noted how she found crack and the gun in Hunter's truck and also tossed the gun in their trash can after putting it in a leather bag. It was also noted that Hunter did tell Delaware State Police that he bought the gun for target practice. Hallie also noted how she tried to track Hunter down in the days after he purchased the gun, and that he replied by claiming that he was waiting to meet a dealer and smoking crack on a car. A text from October 13, 2018, showed how Biden purchased drugs from a dealer who he described as "Mookie."[59][60]
Also on June 6, former Delaware State Police Lt. Millard Greer testified how he located the gun from the man who removed the from the trash can. It was acknowledged how Hallie discovered that the gun was missing. Delaware State Police officer Joshua Marley, who reported the gun, testified as well.[59] Edward Banner, the man who found the gun in the trash can while it was still in the leather pouch, would also testify.[61] On June 7, 2024, FBI forensic chemist James Brewer testified that cocaine residue was found the in leather pouch where the gun was kept; the defense previously argued in opening statements that it was unknown if the residue belonged to either Hunter or Hallie. The same day, Drug Enforcement Administration (DEA) agent Joshua Romig testified that Hunter Biden was using coded messages which were known for drugs and also how a photo on Hunter's electronic devices from April 2018 showed cocaine. In addition, Romig stated that several pictures from Hunter's devices showed what appeared to be a crack pipe with burnt marks.[62]
On June 7, the defense called its first witness, Jason Turner, who ran a background check and made sales for the store where the gun was purchased. Turner testified how he approved the background check which was required to sell Hunter the gun, noting the Hunter verified his address. Turner also noted how Hunter used his passport and vehicle registration as identification. Though he could show the form related to the passport, Hunter's lawyer Abbe Lowell was denied the option of also showing the second form related to the vehicle registration, as it was previously acknowledged to have been doctored during a pretrial hearing. Naomi Biden, Hunter Biden's daughter, also testified in her father's defense. Naomi testified how she visited her father when he was in rehabilitation in California during the summer of 2018. Naomi also stated that “I knew he was struggling with addiction,” though she never saw him use drugs, and stated that "things got bad after Hunter's brother Beau died in 2015. However, the prosecution was able to point out that Hunter Biden indicated in an October 2018 text message that he was avoiding his daughter when he went to New York to visit her. At one point during his time in New York, Hunter met in his hotel room with someone named "Frankie" and also gave this person the access key to his Wells Fargo account.[62]
On June 10, the prosecution and defense met with Judge Noreika before the jury's arrival to discuss finalizing jury instructions. During this time, Lowell indicated that Hunter Biden wouldn't testify. Following the conclusion of lawyer deliberations, the defense would rest their case without calling any further witnesses. In their rebuttal case, the prosecution would have Erika Jensen give further testimony. Following Jensen's testimony and defense cross-examination, Judge Noreika would begin reading the instructions to the jury. Noreika stated that she would read up to the part related to closing arguments. During closing arguments, the prosecution stated that evidence against Hunter Biden was "overwhelming" and ugly," noting how even his ex-girlfriend Zoe Kestan testified that she saw him use crack a little over two weeks before he purchased the gun. In the defense's closing argument, the prosecution's evidence was claimed to be "speculation or conjecture," with the defense placing more blame on the gun store.[63]
Following a rebuttal from the prosecution, jury instructions were completed. The jury then beginning deliberations. The jury concluded the first day of deliberations without a verdict being announced.[63] On the second day, the jury reached a verdict, finding Biden guilty of all charges.[64]
Tax indictment
On December 7, 2023, the special counsel indicted Biden on nine tax-related charges, including three felony and six misdemeanor offenses, alleging that Biden failed to pay $1.4 million in taxes between 2016 and 2019. Biden faced up to 17 years in prison if convicted.[65] On January 11, 2024, Biden pleaded not guilty to all tax evasion charges in a Los Angeles federal courthouse.[66]
Originally scheduled to start on June 20, 2024, the trial for these charges was postponed in May 2024 so it would begin on September 5, 2024.[67] The postponement came after an attorney for Hunter Biden claimed that the firearm charges trial made it so his defense didn't have time to prepare for the initial June 20 start date.[67] A pre-trial hearing which involved Biden's lawyers was held on August 21, 2024.[68]
Guilty plea
On September 5, 2024, Biden's defense lawyer Abbe Lowell revealed that Biden would instead plead to guilty to the charges he faced, a reversal from his initial not guilty plea.[69] It was not immediately made clear that Judge Mark C. Scarsi would accept this plea proposal, regarded as an Alford plea.[70] Under this plea agreement, Biden would've accepted a sentence and that there was enough evidence to convict him, but also maintain his innocence.[71][72]
Later in the day, it was reported that this plea offer would not be accepted by the prosecution.[73] Judge Scarsi would not accept the plea or call off the trial, but did not make a final ruling and instead opted to make a decision about the plea offer at a later time.[71][72][74] However, Scarsi would accept a guilty plea by the end of the day, with Biden pleading guilty to all nine charges.[75] During his plea hearing, Biden responded "Yes" after Scarsi asked him "Do you agree you committed every element of the charges in the indictment?"[75]
January 2024 Contempt of Congress recommendation and deposition agreement
:{:{On January 10, 2024, Biden and attorney Abbe Lowell made a surprise appearance at a House Oversight Committee meeting which had been convened to discuss possibly holding Biden in Contempt of Congress. Nancy Mace declared Biden "too afraid to show up for a deposition" with him present. Jared Moskowitz invited the committee to "take a vote", asking, "Who wants to hear from Hunter right now, today?"[76] The same day, the House Judiciary Committee and House Oversight Committee each voted to recommend a full House vote to hold Biden in contempt of Congress.[77}:]
The House Judiciary Committee approved the recommendation to hold Biden in contempt by 23 to 14, followed by the House Oversight Committee with a vote of 25–21.[78] The Republican chairs released a report in which they said that Biden was in contempt.[78] On January 12, the House of Representatives agreed to hold a full vote on holding Biden in contempt the following week. The holding of contempt would have referred the matter to the Justice Department, which would have then decided whether to charge Biden with contempt.[79] On January 16, Republicans called off the full vote to allow more negotiations, and Biden agreed on January 18 to provide a closed-door deposition to the House Oversight Committee on February 28.[80] Biden would give a private deposition on the scheduled date.[81] Transcripts from his deposition would be made public on February 29, 2024.[82][83]}:
Indictment of ex-FBI informant
Weiss indicted Alexander Smirnov, a former FBI informant, on February 15, 2024. The indictment alleged Smirnov had fabricated his account of Burisma executives telling him that the company had hired Hunter Biden as a means of protecting the company through Joe Biden, and that both Bidens had been paid $5 million bribes to accomplish that. Smirnov's allegations played a key role in Biden corruption allegations made by the Republican-controlled House Oversight Committee investigation of the Bidens that led to impeachment proceedings against the president.[84]
Responses and analysis
In an October 2022 interview with Jake Tapper following The Washington Post's reporting, Joe Biden said he had "great confidence" in his son.[85] Democrats have suggested that the investigation is irrelevant to swing voters.[86]
Senior House Republicans suggested the Weiss appointment was an effort to obstruct their investigation into the Biden family. House Speaker Kevin McCarthy suggested Weiss could not be trusted because he negotiated what Republicans called a "sweetheart deal" that was later rejected by a judge. Oversight Committee chairman James Comer said the appointment was "part of the Justice Department's efforts to attempt a Biden family coverup", while the spokesman for House Judiciary Committee chairman Jim Jordan said it was "just a new way to whitewash the Biden family's corruption".[87]
The gun charges brought against Hunter Biden are unusual as a standalone basis for a prosecution; most charges of lying on the background-check form or illegal weapon possession are brought against defendants charged with more serious underlying crimes.[44] Biden's defense attorney is Abbe Lowell. Upon his client's indictment in September 2023, Lowell said his client was being charged due to pressure from Republicans, saying: "Hunter Biden possessing an unloaded gun for 11 days was not a threat to public safety, but a prosecutor, with all the power imaginable, bending to political pressure presents a grave threat to our system of justice."[43] In a letter to the Republican chairs of the House committees scrutinizing Biden, Lowell wrote: "Mr. Biden was and will be charged for conduct no one else would be charged for because, as the President's son, he has been subject to your relentless efforts to inject partisan Republican politics into the process."[88] However, a report by the United States Sentencing Commission showed prosecutions under 18 U.S.C. §922(g)(3) constitute a significant percentage of federal firearm offenses.[89]
Notes
- Biden was found guilty in violation of 18 USC, Sections 922(a)(6) and 924(a)(2), 18 USC, Section 924(a)(1)(A), and 18 USC, Sections 922(g)(3) and 924(a)(2).
---
law and crime
u.S. Attorney General Merrick Garland revealed Friday afternoon that he has named David C. Weiss, the U.S. Attorney in Delaware already probing Hunter Biden, as a special counsel, meaning there will be a public report at the end of the investigation into President Joe Biden’s son.
Weiss, appointed by then-President Donald Trump in Feb. 2018, has been overseeing the Hunter Biden tax and gun probe since news of the investigation first emerged in late 2020.
Related Coverage:
‘Not satisfied’: Trump admin ‘pushing’ for 3,000 illegal immigrant arrests per day
Garland said that Weiss “asked to be appointed” as special counsel because the investigation has “reached a stage at which he should continue his work” in that capacity.
“Upon considering his request, as well as the extraordinary circumstances relating to this matter, I have concluded it is in the public interest to appoint him as special counsel,” Garland said.
“This appointment confirms my commitment to provide Mr. Weiss all the resources he requests. It 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,” Garland said.
“As Special Counsel, he will continue to have the authority and responsibility that he has exercised previously to oversee the investigation and decide where, when, and whether to file charges. The Special Counsel will not be subject to the day-to-day supervision of any official of the Department, but he must comply with the regulations, procedures, and policies of the Department,” the attorney general continued. “Today’s announcement affords the prosecutors, agents, and analysts working on this matter the ability to proceed with their work expeditiously, and to make decisions indisputably guided only by the facts and the law … I am confident that Mr. Weiss will carry out his responsibility in an even-handed and urgent matter, and in accordance with the highest traditions of this Department.”
The Friday announcement from the attorney general came not long after Hunter Biden’s plea agreement for tax offenses and a gun charge hit a snag in federal court. DOJ noted that Weiss is also authorized to investigate “any other matters that arose or may arise” from the tax and gun probe.
In June, a letter from Weiss’ office revealed that Hunter Biden was facing misdemeanor tax charges for “willful refusal to pay federal income tax.” Prosecutors said Biden owed between $1.1 million and $1.5 million in taxes, but that he has since paid up in full — plus penalties and interest. Prosecutors said Biden agreed to plead guilty to the misdemeanors in exchange for probation. There was also initially an agreement to enter into a Pretrial Diversion Agreement for felony possession of a firearm by a person who is an unlawful user of or addicted to a controlled substance. The Weiss letter said Hunter Biden violated 18 USC §§ 922(g)(3) and 924(a)(2) by possessing a firearm while addicted to drugs and falsely writing “no” to a federal form question about using or being addicted to drugs.
But the agreement went off the rails in July, as U.S. District Judge Maryellen Noreika, also a Trump appointee, took issue with the “unusual” agreement containing “some atypical provisions.”
“So this is what I am going to do. These agreements are not straightforward and they contain some atypical provisions. I am not criticizing you for coming up with those, I think that you have worked hard to come up with creative ways to deal with this. But I am not in a position where I can decide to accept or reject the Plea Agreement, so I need to defer it,” the judge said from the bench, calling for further briefing on particularities.
On Friday, federal prosecutors filed a motion to vacate the briefing order, since it it is “no longer the case” that the “parties intend to continue towards a guilty plea in Criminal Action No. 23-mj-00274 and diversion in Criminal Action No. 23-cr-00061.”
“Following additional negotiations after the hearing held on July 26, 2023, the parties are at an impasse and are not in agreement on either a plea agreement or a diversion agreement. Therefore, the Government believes the Court’s briefing order should be vacated,” the filing said. “The United States requested the Defendant’s position on August 9, 2023, and asked for it by August 11, 2023. The Defendant responded and requested an extension of time until August 14, 2023, to provide his position, which the Government declined. As of the time of this filing, the Defendant has not yet provided his position.”
The government filed a proposed order to moot the briefing order. The judge has ordered Hunter Biden’s team to file a response by noon on Monday.
“IT IS HEREBY ORDERED that, by no later that NOON on Monday, August 14, 2023, Defendant shall file a response to the United States’ Motion to Vacate the Court’s Briefing Order,” the judge said.
Attorney General Garland did not take any questions from the press.
---
the hill
Attorney General Merrick Garlandannounced Friday that the federal prosecutor who is investigating Hunter Biden, President Biden’sson, will be appointed as special counsel, giving increased authority for the probe.
David Weiss, the U.S. Attorney for Delaware, requested the designation on Tuesday, Garland said.
“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 him as special counsel,” Garland said.
Weiss was nominated to be the state’s federal prosecutor by former President Trumpin 2017, and was confirmed by a unanimous Senate vote in January 2018.
He previously served as an assistant U.S. attorney for Delaware in the late 1980s, and the First Assistant U.S. attorney from 2007 until his promotion in 2018.
Between his stints with the federal prosecutor’s office, he worked as a commercial lawyer and finance executive.
Weiss began the Hunter Bideninvestigation into alleged tax crimes in 2018 and was not asked to resign when Biden became president in 2021, like other federal prosecutors, because of the potential conflict. It is standard procedure for a president to nominate their own federal prosecutors when they reach office.
Hunter Biden was charged with misdemeanor tax and firearms crimes in June.
The Justice Department and Hunter Biden came to an agreed plea deal this summer, but that deal fell through over questions about its leniency and immunity for conduct. Weiss said Friday after his appointment that the case will likely go to trial.
“The Government now believes that the case will not resolve short of a trial,” he said.
A special counsel designation allows Weiss to charge Hunter Biden with crimes outside of Delaware, should he decide to do so.
“This appointment confirms my commitment to provide Mr. Weiss all the resources he requests,” Garland said. “It 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.”
“As special counsel he will continue to have the authority and responsibility that he has previously exercised to oversee the investigation and decide where, when, and whether to file charges,” he added.
Weiss is Garland’s third special counsel, after Robert Hur in January who investigated classified documents at Biden’s home and office and Jack Smith last year who has now indicted former President Trump twice in separate investigations.
Republicans have already doubted if Weiss can be trusted to prosecute the Hunter Biden case. House Speaker Rep. Kevin McCarthy (R-Calif.) criticized the appointment and has floated the possibility of impeaching Biden over investigations into his family.
“If Weiss negotiated the sweetheart deal that couldn’t get approved, how can he be trusted as a Special Counsel? House Republicans will continue to pursue the facts for the American people,” McCarthy said on X, formerly Twitter.
---
Delaware jury found President Joe Biden’s son Hunter guilty of federal gun crimes on Tuesday. The verdict comes amid a years-long right-wing media effort to delegitimize the federal justice system as a weaponized arm of the Democratic Party.
But MAGA propagandists, rather than abandoning their conspiracy theories, are coalescing around a new twist: The conviction is an “op” in which Hunter Biden is being deliberately sacrificed to protect the rigged system.
“The true crimes of the Biden Crime Family remain untouched,” Turning Point USA founder Charlie Kirk posted on X after the verdict. “This is a fake trial trying to make the Justice system appear balanced. Don't fall for it.”
“DOJ is Joe’s election protection racket,” said America First Legal’s Stephen Miller. “The gun charges are a giant misdirection. An easy op for DOJ to sell to a pliant media that is all too willing to be duped. Don’t be gaslit. This is all about protecting Joe Biden and only Joe Biden.”
Others added that the prosecution had protected the president’s son by charging him with the wrong crimes. “Hunter Biden should be on trial for money laundering, tax evasion for his Burisma bribes, illegal influence peddling, and operating as an unregistered foreign agent of corrupt foreign governments. But he’s not, because a corrupt prosecutor refused to charge him for anything related to the Biden crime family syndicate,” complained The Federalist’s Sean Davis. “They went after Hunter on his gun stuff to make you overlook all his Ukraine stuff,” concluded Real America’s Voice host Jack Posobiec.
The new right-wing line that Joe Biden rigged the trial to put his son in prison replaces the old right-wing line that Joe Biden was rigging the trial to keep his son out of prison. MAGA propagandists claimed that first lady Jill Biden had attended the trial as part of a “mob tactic” to influence the jury, that Joe Biden visiting Beau Biden’s widow was part of a tyrannical plot to tamper with a witness, and that the president was trying to sway the jury by taking bike rides with his son.
Apparently, these efforts all failed — or did they?
Here’s what’s really happening.
Donald Trump, his former campaign chair, his former campaign manager, his former legal fixer, his longtime political adviser, his company’s chief financial officer, and several of his other associates have been convicted of -- or pleaded guilty to -- crimes since he became president in 2017.
Trump’s allies could have acknowledged that the man they made the presumptive Republican presidential nominee is, in the words of critic-turned-potential-vice-presidential-nominee Marco Rubio, “a con artist” who surrounds himself with shady people.
Instead, right-wing propagandists responded to these events by concocting a baroque conspiracy theory positing that the federal law enforcement apparatus under both the Trump and Biden administrations was seeking to take down Trump through “witch hunt” investigations, while protecting Democrats like Hillary Clinton, Joe Biden, and Hunter Biden. And they’re whipping themselves into a fury on that basis, claiming that if Trump is elected, he will have no choice but to, in their preferred but inaccurate framing, retaliate against his political foes.
These claims were always nonsensical: It was largely Republicans and Trump appointees who were conducting the investigations and making the decisions about whether to bring charges for the Trump allies and Democrats alike. And while Trump clearly views the FBI and Justice Department as extensions of presidential will — and has repeatedly suggested he would drive politicized prosecutions of his enemies — Biden has kept his distance, maintaining some degree of confidence in the system.
But the Hunter Biden verdict shows just how bankrupt the right’s conspiracy theory is.
Hunter Biden is at the center of a years-long campaign by right-wing media, Trump, and congressional Republicans to use his actions to damage his father’s political standing. In 2018 — during the Trump presidency — he became the target of a federal probe. The investigation was launched under a Trump-appointed FBI director and a Trump-appointed attorney general and helmed by David Weiss, a Trump-appointed U.S. attorney.
Rather than complaining of a “witch hunt,” Biden avoided impropriety by retaining Weiss as U.S. attorney when he entered the White House. Attorney General Merrick Garland later named Weiss a special counsel, granting him even more insulation from political forces.
The result was that a Trump-appointed U.S. attorney has convicted the president’s son on federal gun charges that experts say are virtually never brought.
To a normal person, a federal criminal conviction of Joe Biden’s son demonstrates that there is not a massive conspiracy to use the law enforcement system to protect Joe Biden’s allies and attack his enemies.
But the one thing MAGA propagandists refuse to be under any circumstances is normal. They want their excuse to throw their enemies in jail, and they’ll do whatever it takes to retain it.
ref nbc
WASHINGTON — The charges brought against President Joe Biden’s son Hunter Biden are rarely prosecuted, legal experts say.
Hunter Biden was charged Thursday with three felony gun-related counts, including possession of a firearm by a person who is an “unlawful user of or addicted to any controlled substance." Under a plea deal that later fell apart, Biden was also charged with two misdemeanor charges of failing to pay taxes, which he later reimbursed; those charges are not included in Thursday's indictment.
*[Follow along for live updates.]
The federal gun charge, which makes it unlawful for a drug addict to possess a weapon, is a rarely used statute that is facing legal challenges and has recently been used as a catch-all charge against white supremacists.
Like the gun charge, the tax charges are rarely brought against first-time offenders and even more rarely result in jail time, Andrew Weissmann, a former FBI general counsel and NBC News contributor, tweeted Tuesday. "This is if anything harsh, not lenient," he wrote.
Hunter Biden to plead guilty to two misdemeanor tax charges
Former federal prosecutor Renato Mariotti agreed. "It insults the intelligence of the American people to compare misdemeanor tax charges to a scheme to steal Top Secret documents and obstruct justice when the government asked for them back," he tweeted, comparing the charges against Hunter Biden to the recent federal indictmentagainst former President Donald Trump. "If anything, Hunter Biden was treated harshly — those crimes are rarely charged."
The case is being overseen by the U.S. Attorney’s Office for the District of Delaware, which is headed by Donald Trump appointee David Weiss, who was named special counsel in the case.
The gun charge itself is under legal threat. A federal appeals court ruled in June that the government cannot ban those convicted of nonviolent crimes from possessing a weapon, and a federal court in Texas recently ruled — following a major Supreme Court case last year that expanded gun rights — that the ban on drug users possessing weapons violates the Second Amendment.
The charge, when brought, has often been used in high-profile cases where the underlying conduct doesn't violate any obvious federal criminal statute. Last week, the mother of a6-year-old boy who shot his teacher in Newport News, Virginia, pleaded guilty to the charge — possessing a firearm while using marijuana — along with a charge of making a false statement.
The charge has resulted in serious prison time in other cases. A 23-year-old from Waterloo, Iowa, was recently sentenced to nearly five years in federal prison for possession as a drug user, while another 23-year-old in Lincoln, Nebraska, received three years in federal prison on the charge. Other sentences have not been as harsh: A man arrested during a burglary call in Vermont in May 2022 received a sentence of time served in March 2023. (There are undoubtedly other recent cases; but those that resulted in nonsubstantial sentences are also less likely to be mentioned in press releases issued by U.S. Attorney's Offices.)
The charge has also recently been used against white supremacists when their conduct did not provide an obvious violation of any other criminal statute, including against a white supremacist who was arrested in Washington, D.C., and found with a stash of weapons after his brother died by suicide. In that case, a federal public defender who had been working for 30 years said he “never had a case in which the government went forward" with the addict-in-possession charge. A judge concurred that the charge was unusual. The white supremacist was ultimately sentenced to time served after less than a year behind bars.
Chuck Rosenberg, a former top federal prosecutor and acting administrator of the U.S. Drug Enforcement Administration and a current NBC News legal analyst, noted that the addict-in-possession charge is used "sparingly," but said that did not mean it was used improperly in Hunter Biden's case, as each case needed to be evaluated on the individual evidence.
Paul Butler, a former federal prosecutor and an NBC News legal analyst, said on MSNBC on Tuesday that the deal Hunter Biden reached was a decent outcome for the president's son, but not the "sweetheart deal" that Trump and his allies have made it out to be.
While the plea agreement spells out that prosecutors will recommend a probationary sentence, the federal judge who ultimately sentences Hunter Biden is not bound to that agreement and could ultimately decide that the charge warrants incarceration. Court dates have not yet been set in the case.
---
---