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Federal prosecutor asserts 'ultimate authority' in Hunter Biden probe amid whistleblower allegations

Stay informed on the Hunter Biden probe as US Attorney David Weiss asserts his "ultimate authority" over the investigation.

Published on: Jul 01, 2023 3:23 PM IST
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The federal prosecutor overseeing the investigation into Hunter Biden, US Attorney for the District of Delaware David Weiss, has reiterated his claim of having "ultimate authority" over the Justice Department's probe.

FILE PHOTO: 'Ultimate Authority' in Hunter Biden Probe Amid ControversyREUTERS/Jonathan Ernst/File Photo (REUTERS)
FILE PHOTO: 'Ultimate Authority' in Hunter Biden Probe Amid ControversyREUTERS/Jonathan Ernst/File Photo (REUTERS)

In response to House Judiciary Committee Chairman Jim Jordan's inquiries, Weiss maintained that he had the power to decide “where, when, and whether to file charges” against President Biden's son.

The prosecutor also addressed allegations made by IRS whistleblowers, denying any retaliation or cover-up and emphasizing the protection of confidential law enforcement information.

“I stand by what I wrote… At the outset, I would like to reaffirm the contents of the June 7 letter drafted by my office and reiterate that I am not at liberty to provide the materials you seek.”

The US Attorney in a letter to Chairman Jordan wrote, “The whistleblowers’ allegations relate to a criminal investigation that is now being prosecuted in the United States District Court for the District of Delaware. AT this juncture, I am required to protect confidential law enforcement information and deliberative communications related to the case. Thus, I will not provide specific information related to the Hunter Biden investigation at this time.”

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Chairman Jordan had raised concerns about allegations made by IRS whistleblowers, who claimed that Weiss did not possess ultimate authority and that the Department of Justice (DOJ) had retaliated against them for their disclosures to Congress.

Weiss promptly denied these allegations, emphasizing that the DOJ did not engage in any retaliatory actions against the whistleblowers or their investigative team.

“The Department of Justice did not retaliate against an Internal Revenue Service Criminal Supervisory Special Agent and whistleblower, as well as his entire investigative team…. For making protected disclosures to Congress.”

The 67-year-old US Attorney clarified his position, explaining, “As the US Attorney for the District of Delaware, my charging authority is geographically limited to my home district… If venue for a case lies elsewhere, common Departmental practice is to contact the United States Attorney’s Office for the district in question and determine whether it wants to partner on the case. If not, I may request Special Attorney status from the Attorney General pursuant to 28 U.S.C 515.”

David Weiss. (Image Credit: Saquan Stimpson/Delaware News Journal/USA Today) (USA Today)
David Weiss. (Image Credit: Saquan Stimpson/Delaware News Journal/USA Today) (USA Today)

He added, “Here, I have been assured that, if necessary after the above process, I would be granted 515 Authority in the District of Columbia, the Central District of California, or any other district where charges could be brought in this matter.”

IRS whistleblower Gary Shapley testified before the House Ways and Means Committee, stating that Weiss had attempted to bring federal charges against Hunter Biden in the Central District of California and Washington, D.C.

However, his requests were denied by Biden-appointed US attorneys Martin Estrada and Matthew Graves. Shapley further claimed that Weiss had sought to be appointed as a special counsel for the case on multiple occasions, including as recently as spring 2022, but was rejected by the Biden Justice Department. Another anonymous IRS whistleblower corroborated these assertions during their testimony before the same committee in June.

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Weiss concluded his letter expressing his willingness to discuss the topics in more detail with the Committee when the appropriate time comes. He stated, “At the appropriate time, I welcome the opportunity to discuss these topics with the Committee in more detail, and answer questions related to the whistleblowers’ allegations consistent with the law and Department policy. It is my understanding that the Office of Legislative Affairs will work with the Committee to discuss appropriate timeline and scope.”

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