The U.S. attorney overseeing the criminal investigation of Hunter Biden is rebuffing allegations that the Justice Department blocked him from bringing more charges in the case and refused to grant him special counsel status.
Delaware U.S. Attorney David Weiss sent the letter to Sen. Lindsey Graham, South Carolina Republican, to counter the claims that were made by IRS whistleblower Gary Shapley.
Mr. Weiss denied allegations that he had requested to be designated a special counsel, which would have allowed him to bring federal charges against Hunter Biden in any district across the nation if there was evidence a crime occurred there.
In his letter to Mr. Graham, Mr. Weiss said he didn’t need special counsel status because the Justice Department assured him he could bring charges outside of Delaware. Mr. Weiss was appointed by President Trump.
“I have not requested special counsel designation,” Mr. Weiss wrote. “Rather, I had discussions with Department officials … which would have allowed me to file charges in a district outside my own without the partnership of a local U.S. Attorney. I was assured that I would be granted this authority if it proved necessary.”
Mr. Shapley, an IRS criminal supervisor agent who worked on the Hunter Biden tax fraud probe, told House lawmakers that the Justice Department repeatedly stymied the investigation, starting during the Trump administration.
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Mr. Shapley’s legal team rejected Mr. Weiss’s claim that he did not seek special counsel status.
“U.S. Attorney David Weiss’s story continues to change. As a practical matter, it makes no difference whether Weiss requested special counsel or special attorney authority. Under no circumstances should ’the process’ have included the political appointees of the subject’s father, because Congress and the public had been assured it would not — but it did,” they said in a statement.
Mr. Shapley told lawmakers on the House Ways and Means Committee that his team uncovered evidence of serious tax crimes that could only be pursued in Washington or California, not Delaware. Mr. Shapley also said that Mr. Weiss asked Attorney General Merrick Garland to name him a special counsel so he could bring charges outside of Delaware, but that request was denied.
In his letter, Mr. Weiss insisted he has “never been denied the authority to bring charges in any jurisdiction.”
Mr. Garland also has pushed back against the allegation, telling reporters last month that Mr. Weiss did not request to be designated special counsel and that he had “complete authority” to pursue the investigation into Hunter Biden.
Mr. Weiss’ office last month charged Hunter Biden with two misdemeanor tax charges to which he could avoid jail time if he pleads guilty during a court appearance later this month. Hunter Biden also agreed to a pretrial diversion program in exchange for avoiding a felony charge of possessing a firearm while using illegal drugs.
• Jeff Mordock can be reached at jmordock@washingtontimes.com.
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