US lawyer in Hunter Biden case defends investigation for Republicans

The U.S. attorney in Delaware denied retaliation against an IRS official who disclosed details of the Hunter Biden investigation, and denied that he could not file serious charges against Biden, the president’s son, in Los Angeles and Washington.

David C. Weiss, an appointee of former President Donald J. Trump who is being held by the Biden administration, defended the integrity of his investigation in a two-page letter sent to House Republicans late Friday, declaring the provided the most detailed explanation to date of the five-year investigation that culminated last month in a plea deal that would rule out jail time for Mr Biden, who faced misdemeanor charges and a separate gun possession charge.

The Justice Department “didn’t retaliate” against Gary Shapley, who alleges Mr. Weiss helped block a promotion he sought after contacting congressional investigators, Mr. Weiss wrote in the letter to Rep. Jim Jordan of Ohio, the chairman of the House Judiciary Committee.

Mr. Weiss went on to address, in hypothetical terms, the core of Mr. Shapley’s allegations: that Biden-appointed U.S. attorneys in California and Washington had prevented Mr. Weiss from prosecuting Hunter Biden for felony charges during a period when the youngest of the president’s son made millions representing foreign-owned companies.

Mr Shapley, who testified to the House Ways and Means Committee in May under what Republicans say was whistleblower protection, also said he and other investigators witnessed Mr Weiss say last year that he would not be the “decisive officer” as to whether to prosecute Mr Biden, and that Mr Weiss had been dismissed when he sought special counsel status after being told by local prosecutors that he could not press charges. House Republicans released the testimony last month.

While Mr. Weiss did not deny that those offices rejected his request to bring the more serious charges, he supported Attorney General Merrick B. Garland’s public statement that he had been given full authority in the case and that he had the opportunity of prosecutors by simply contacting Mr. Garland or his best assistants.

Like the U.S. Attorney in Delaware, “my suing authority is geographically limited to my home district,” Mr. Weiss wrote.

“If the location for a case is elsewhere, it is common practice for the department to contact the U.S. law firm for the district in question to determine whether it would like to collaborate on the case,” he added. “If not, I can apply for special attorney status.”

Replacing a federal prosecutor as special counsel is different from making him special counsel. The special attorney provision is essentially a workaround that allows an outsider to intervene in cases that span multiple jurisdictions or have special terms. By contrast, the special counsel’s bylaws contain internal Justice Department reporting requirements and provisions for congressional oversight.

Mr. Garland has said that Mr. Weiss never asked him for either power.

Mr. Weiss did not explicitly address these issues in the letter he sent to Mr. Jordan on Friday. But he said if he wanted to press charges against Mr Biden in California or Washington, he would do so without fear of being blocked by the department’s leadership.

“I have been assured that, if necessary after the above trial, I would be granted § 515 authority in the District of Columbia, the Central District of California, or any other district where charges in this matter could be brought,” he wrote, referring to part of federal law that defines the role of a special attorney.

The letter follows a June 7 message he sent to committee Republicans in which he made many of the same points in less specific terms.

Mr. Weiss is deeply frustrated by what he sees as unwarranted attacks on his character and motives, and was eager to release his response to Mr. Shapley’s allegations before the July 4 break, according to two people familiar with the situation.

An email to Mr Weiss’s spokeswoman was not immediately answered.

Mr. Jordan, along with Representative James R. Comer of Kentucky, who heads the oversight committee, and Representative Jason Smith of Missouri, who heads the Ways and Means Committee, sent letters Thursday to Mr. Weiss and other officials involved in the Hunter Biden inquiry asking for their testimony on the matter.

Mr. Weiss said the Justice Department’s Office of Legislative Affairs contacted Mr. Jordan “to discuss the appropriate time frame and scope” for his public testimony as soon as it is appropriate.

In his statement announcing Mr Biden’s plea deal, Mr Weiss said the investigation was “ongoing”, which legally prevents him from testifying on the details.