Weiss special counsel investigation

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The order appointing David C. Weiss as special counsel, dated August 11, 2023 Appointment of David C. Weiss as Special Counsel.pdf
The order appointing David C. Weiss as special counsel, dated August 11, 2023

The Weiss special counsel investigation is an ongoing criminal investigation into Hunter Biden, the son of U.S. President Joe Biden. Attorney General Merrick Garland announced the appointment of Delaware United States attorney David Weiss as the special counsel on August 11, 2023, three days after Weiss requested such authority.

Contents

As U.S. attorney, Weiss began investigating Hunter Biden in 2018. Republicans had for months asked Garland to appoint a special counsel to investigate Hunter Biden. Some specifically demanded that Weiss, a Republican appointed by Donald Trump as U.S. Attorney, be appointed special counsel, giving him additional authority. After Garland appointed Weiss special counsel in August 2023, congressional Republicans said they were not satisfied, with some saying that 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 ambiguity about which offenses would be covered by the plea agreement. 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]

Investigation

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. [5] 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. [6]

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. [7] Garland, the Biden administration's attorney general, said that Weiss had full independence amid claims by House Republicans of DOJ interference. [8] 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. [9] [10] 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". [11] 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. [12] [13] 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." [14] [15] 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". [16]

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. [17] 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. [18]

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. 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). [19] [20] Republicans asserted Biden received a "sweetheart deal" as the son of the president. [21] [22] Legal experts said charges are rarely brought under circumstances such as Biden's. [23] [24] [25] [26]

On July 26, judge Maryellen Noreika declined to accept the deal, pending clarification of its terms by the parties. [27] House Republicans and conservative groups had sought to block the deal the previous day. [28] 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. [29]

On January 11, 2024, Biden plead not guilty to all tax evasion charges in a Los Angeles federal courthouse. [30] His trial for the tax charges was then scheduled to take place in California starting on June 20, 2024. [31] [32] [33]

Special counsel and September 2023 indictment

On August 11, 2023, Garland appointed Weiss as special counsel. [13] The same day, Weiss filed a document stating negotiations had broken down. [13]

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, users of illicit drugs may not own firearms). [34] [35] [36] 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, [35] [34] until Hallie Biden tossed the gun in a dumpster. [34] Hunter Biden never used the gun to commit a crime. [36] He has said that he has been sober since 2019. [34] [36]

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. [37]

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." [38] Weiss opposed this request, denying that the prosecution is vindictive or selective, and arguing that these claims can only be raised during trial. [38]

In January 2024, prosecutors argued to maintain the gun charge, revealing that cocaine residue was found in Biden's gun pouch; [39] at the time of this report, it was again noted that possessing a gun while using illegal drugs is against the law. [40]

December 2023 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 faces up to 17 years in prison if convicted. [41]

January 2024 Contempt of Congress charge 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?" [42] 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. [43] The House Judiciary Committee approved the contempt charge by 23 to 14, followed by the House Oversight Committee with a vote of 25–21. [44] A report was also released finding that Biden was in contempt. [44] On January 12, the House of Representatives agreed to hold a full vote on the contempt charge the following week. [45] On January 18, Biden agreed to provide a closed-door deposition to the House Oversight Committee on February 28. [46] Biden would give a private deposition on the scheduled date. [47] Transcripts from his deposition would be made public on February 29, 2024. [48] [49]

Indictment of former 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. [50]

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. [51] Democrats have suggested that the investigation is irrelevant to swing voters. [52]

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". [53]

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. [36] 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." [35] 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." [54]

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References

  1. ↑ Luke Broadwater; Maggie Haberman (August 12, 2023). "Republicans Wanted a Special Counsel Investigation of Hunter Biden. Now Many Oppose It". The New York Times. But on Friday, after Mr. Garland elevated Mr. Weiss to special counsel status, Republicans in Congress reacted publicly not with triumph, but with outrage. "David Weiss can't be trusted and this is just a new way to whitewash the Biden family's corruption," Republicans on the House Judiciary Committee wrote on X,...
  2. ↑ Robertson, Nick (August 11, 2023). "Who is David Weiss, the newly appointed Hunter Biden special counsel?". The Hill.
  3. ↑ Vazquez, Maegan (August 11, 2023). "Republicans who demanded special counsel to investigate Hunter Biden aren't satisfied". The Washington Post.
  4. ↑ Thrush, Glenn; Schmidt, Michael S. (December 7, 2023). "Hunter Biden Indicted on Tax Charges". The New York Times . Retrieved December 7, 2023.
  5. ↑ Goldman, Adam; Benner, Katie; Vogel, Kenneth (December 9, 2020). "Hunter Biden Discloses He Is Focus of Federal Tax Inquiry". The New York Times . Retrieved July 26, 2023.
  6. ↑ Benner, Katie (December 21, 2020). "Barr Sees 'No Reason' for Special Counsels for Hunter Biden or the Election". The New York Times . Retrieved July 26, 2023.
  7. ↑ Zapotosky, Matt (February 8, 2021). "Biden administration will ask remaining Trump-appointed U.S. attorneys to step down — with few exceptions". The Washington Post . Retrieved July 26, 2023.
  8. ↑ Thrush, Glenn; Schmidt, Michael; Broadwater, Luke (June 23, 2023). "Garland Pushes Back at G.O.P. Claims of Bias in Hunter Biden Investigation". The New York Times . Retrieved July 26, 2023.
  9. ↑ Lisa Mascaro & Farnoush Amiri, IRS whistleblowers air claims to Congress about 'slow-walking' of the Hunter Biden case, Associated Press (July 19, 20232).
  10. ↑ AG Garland Maintains David Weiss Had Full Authority Over Hunter Biden Case, C-SPAN (June 23, 2023).
  11. ↑ Carney, Jordain (July 10, 2023). "U.S. Attorney David Weiss says he has not requested special counsel status as part of the years-long investigation into Hunter Biden". Politico.
  12. ↑ Brooks, Emily; Beitsch, Rebecca (August 11, 2023). "Special counsel named in Hunter Biden case: Four things to know". The Hill.
  13. 1 2 3 Thrush, Glenn; Broadwater, Luke; Schmidt, Michael (August 11, 2023). "Garland Appoints Weiss as Special Counsel in Hunter Biden Inquiry". The New York Times . Retrieved August 11, 2023.
  14. ↑ Luke Broadwater, F.B.I. Agent Undercuts Claims of Political Interference in Hunter Biden Inquiry, New York Times (September 12, 2023).
  15. ↑ Jacqueline Alemany & Devlin Barrett, Senior FBI agent disputes some whistleblowers' claims about Hunter Biden probe, Washington Post (September 12, 2023).
  16. ↑ Herridge, Catherine (September 13, 2023). "See IRS whistleblower Gary Shapley's handwritten notes about meeting with U.S. attorney leading Hunter Biden investigation". CBS News.
  17. ↑ Barrett, Devlin; Stein, Perry (October 6, 2022). "Federal agents see chargeable tax, gun-purchase case against Hunter Biden". The Washington Post . Retrieved July 26, 2023.
  18. ↑ Fitzpatrick, Sarah; Winter, Tom; Dilanian, Ken; Kosnar, Michael (April 20, 2023). "Federal prosecutors have considered four possible charges against Hunter Biden". NBC News . Retrieved July 26, 2023.
  19. ↑ Gurman, Sadie; Linskey, Annie; Tau, Byron (July 27, 2023). "Hunter Biden's Courtroom Reversal Extends His Legal Limbo, Political Exposure". Wall Street Journal. Washington, D.C. Retrieved July 28, 2023. In court on Wednesday, prosecutors said there was still the possibility of additional charges against the younger Biden under the Foreign Agents Registration Act, which requires anyone acting on behalf of a foreign government to file reports on their activities with the Justice Department ... The judge asked if the continuing investigation could yield additional charges such as violations of the Foreign Agents Registration Act. "Yes," prosecutor Leo Wise replied.
  20. ↑ Fortinsky, Sarah (June 20, 2023). "DOJ: investigation 'ongoing;' Hunter Biden attorney says probe 'resolved'". The Hill.
  21. ↑ Schmidt, Michael; Entous, Adam (June 20, 2023). "Hunter Biden Reaches Deal to Plead Guilty to Misdemeanor Tax Charges". The New York Times . Retrieved July 26, 2023.
  22. ↑ Cole, Devan (June 21, 2023). "Legal experts cast doubt on GOP claims of a 'sweetheart deal' in Hunter Biden case". CNN.
  23. ↑ Reilly, Ryan J. (June 20, 2023). "Legal experts say the charges against Hunter Biden are rarely brought". NBC News.
  24. ↑ Robert Farley; D'Angelo Gore; Eugene Kiely; Lori Robertson (June 21, 2023). "Republican Claims About Hunter Biden Offenses". FactCheck.org.
  25. ↑ Dorn, Sara (June 20, 2023). "Did Hunter Biden Get Off Easy? Republicans Think So—Here's What Legal Experts Say". Forbes.
  26. ↑ Whitehurst, Lindsay (June 20, 2023). "Hunter Biden charged: President's son to plead guilty to federal tax offenses, likely avoiding jail". Baltimore Sun. Associated Press.
  27. ↑ Thrush, Glenn; Schmidt, Michael; Cameron, Chris (July 26, 2023). "Judge Puts Hunter Biden's Plea Deal on Hold, Questioning Its Details". The New York Times . Retrieved July 26, 2023.
  28. ↑ Broadwater, Luke; Schmidt, Michael (July 25, 2023). "Republicans in Congress Seek to Block Hunter Biden's Plea Deal". The New York Times . Retrieved July 26, 2023.
  29. ↑ Chase, Randall (August 8, 2023). "Delaware judge orders status report on felony gun charge against Hunter Biden". The Associated Press.
  30. ↑ Trush, Glenn (January 11, 2024). "Hunter Biden Pleads Not Guilty to Tax Evasion Charges". New York Times. Retrieved January 11, 2024.
  31. ↑ Kirkham, Chris (January 11, 2024). "Hunter Biden pleads not guilty to tax fraud charges". Reuters. Retrieved January 11, 2024.
  32. ↑ Graf, Rachel; Adler, Maxwell; Voreacos, David (January 11, 2023). "Hunter Biden Pleads Not Guilty to Tax Charges in California". Bloomberg News. Retrieved January 11, 2024.
  33. ↑ Stein, Perry; Barrett, Devlin (January 11, 2024). "Hunter Biden pleads not guilty to tax charges, gets June trial date". Washington Post. Retrieved January 11, 2024.
  34. 1 2 3 4 Schmidt, Michael S.; Thrush, Glenn (September 14, 2023). "Hunter Biden Indicted on Gun Charges". The New York Times.
  35. 1 2 3 Marshall Cohen, Kara Scannell and Hannah Rabinowitz, Hunter Biden indicted on gun charges, CNN (September 15, 2023).
  36. 1 2 3 4 Thrush, Glenn (September 15, 2023). "The Gun Charges Against Hunter Biden Are Unusual. Here's Why". The New York Times.
  37. ↑ Hals, Tom (October 3, 2023). "Hunter Biden pleads not guilty to gun charges in Delaware court". Reuters.
  38. 1 2 Holmes Lybrand (December 4, 2023). "Federal prosecutors oppose Hunter Biden's request to subpoena Trump documents in Delaware gun case". CNN.
  39. ↑ Richer, Alanna Durkin; Long, Colleen (January 16, 2024). "Cocaine residue was found on Hunter Biden's gun pouch in 2018 case, prosecutors say". AP News. Retrieved January 17, 2024.
  40. ↑ Cohen, Marshall (January 16, 2024). "Special counsel says Hunter Biden's claim of right-wing bias is 'fiction designed for a Hollywood script' | CNN Politics". CNN. Retrieved January 18, 2024.
  41. ↑ Pitas, Costas; Whitcomb, Dan (December 7, 2023). "DOJ files new criminal charges against Hunter Biden". Washington, D.C.: Reuters . Retrieved December 7, 2023.
  42. ↑ Brice, Makini (January 11, 2024). "House Republicans move toward holding Hunter Biden in contempt of Congress". Reuters. United States. Retrieved January 11, 2024.
  43. ↑ Broadwater, Luke (January 10, 2024). "Hunter Biden Appears on Capitol Hill as House G.O.P. Votes for Contempt". New York Times. Retrieved January 12, 2024.
  44. 1 2 Fitzpatrick, Sarah; Concepcion, Summer; Richards, Zoë (January 10, 2024). "GOP-led committees vote to recommend that House hold Hunter Biden in contempt". NBC News. Retrieved January 12, 2024.
  45. ↑ Watson, Kathryn (January 12, 2024). "House to vote next week on holding Hunter Biden in contempt of Congress". CBS News. Retrieved January 12, 2024.
  46. ↑ "Hunter Biden agrees to private deposition with Republicans after months of defiance". AP News. January 18, 2024. Retrieved January 19, 2024.
  47. ↑ Bruggeman, Lucien (February 28, 2024). "Defiant Hunter Biden testifies behind closed doors in GOP impeachment inquiry". ABC News.
  48. ↑ Herb, Jeremy; Zanona, Melanie; Grayer, Annie; Cohen, Marshall (February 29, 2024). "Highlights from the transcript of Hunter Biden's closed-door interview with House Republicans". CNN. Retrieved February 29, 2024.
  49. ↑ https://oversight.house.gov/wp-content/uploads/2024/02/Hunter-Biden-Transcript_Redacted.pdf
  50. ↑ Alexander Mallin; Rachel Scott; Katherine Faulders; Lauren Peller; Lucien Bruggeman; Mike Levine (February 15, 2024). "FBI source charged for allegedly providing false info on Bidens, which was cited by Republicans". ABC News.
  51. ↑ Paybarah, Azi (October 12, 2022). "Biden says he has confidence in his son Hunter in first comments on possible federal charges". The Washington Post . Retrieved July 26, 2023.
  52. ↑ Epstein, Reid; Ulloa, Jazmine (August 12, 2023). "As Hunter Biden Saga Endures, Democrats Avert Eyes and Dismiss Worries". The New York Times . Retrieved August 13, 2023.
  53. ↑ Fortinsky, Sarah (August 11, 2023). "House GOP blasts appointment of Hunter Biden special counsel". The Hill.
  54. ↑ Devlin Barrett & Perry Stein, Hunter Biden indicted on false statement, gun charges in Delaware, Washington Post (September 14, 2023).
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