Weiss special counsel investigation

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.[4] Then-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.[5]

The investigation was led by David Weiss, a Trump-appointed Delaware U.S. attorney, who was asked to remain in his position in the Biden administration to continue the investigation.[6] Garland said that Weiss had full independence amid claims by House Republicans of DOJ interference.[7] 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.[8][9] 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".[10] 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.[11][12] 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."[13][14] 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".[15]

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.[16] 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.[17]

On June 20, 2023, 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. 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).[18][19] Republicans asserted Biden received a "sweetheart deal" as the son of the president.[20][21] Legal experts said charges are rarely brought under circumstances such as Biden's.[22][23][24][25]

On July 26, judge Maryellen Noreika declined to accept the deal, pending clarification of its terms by the parties.[26] House Republicans and conservative groups had sought to block the deal the previous day.[27] 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.[28] On August 11, 2023, Garland appointed Weiss as special counsel.[12] The same day, Weiss filed a document stating negotiations had broken down.[12]

On September 14, 2023, 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).[29][30][31] 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,[30][29] until Hallie Biden tossed the gun in a dumpster.[29] Hunter Biden never used the gun to commit a crime.[31] He has said that he has been sober since 2019.[29][31]

He was ordered to appear in-person for his initial appearance and arraignment in Wilmington on October 3, 2023. U.S. Magistrate Judge Christopher Burke denied the request by Biden – who lives in California – to attend the proceeding by video conference.[32][33] Biden pleaded not guilty on all gun charges. His lawyers have said the statute he was charged under is unconstitutional.[34]

In an October 2022 interview with Jake Tapper following The Washington Post's reporting, Joe Biden said he had "great confidence" in his son.[35] Democrats have suggested that the investigation is irrelevant to swing voters.[36]

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".[37]

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.[31] 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."[30] 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."[38]

• "United States of America v. Robert Hunter Biden". United States Department of Justice. July 26, 2023. Retrieved August 1, 2023 – via Politico.