The prosecutor who brought charges against President Joe Biden’s son said on June 30 that he does not have the authority to bring charges outside of one state.
U.S. Attorney for the District of Delaware David Weiss acknowledged that his charging authority “is geographically limited to my home district.”
Weiss, a Trump appointee, had claimed that he was “granted ultimate authority over this matter, including responsibility for deciding where, when, and whether to file charges.”
That prompted Republicans to question whether Weiss was not being truthful when he told them in June he had “ultimately authority.”
After acknowledging his authority is limited, he said that if he wanted to bring a case elsewhere, he would need to ask the U.S. attorney’s office in that locale to “partner on the case.”
The office could reject the request. If it does, “I may request Special Attorney status from the Attorney General pursuant to 28 U.S.C. § 515,” Weiss said. That law enables the Department of Justice to commission prosecutors as special attorneys. That’s different from the status of special counsel.
“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,” Weiss said. He did not say who assured him, or when.
The Department of Justice has declined to comment on the whistleblower developments. Attorney General Merrick Garland recently told reporters that Weiss was “permitted to … make a decision to prosecute any way in which he wanted to and in any district in which he wanted to,” echoing testimony Garland had made to Congress.
Gary Shapley, one of the IRS whistleblowers, said in an Oct. 7, 2022, email to his superior that during a meeting, Weiss said he went to the U.S. Attorney’s Office for the District of Washington and was told by the Biden-appointed attorney that no charges would be brought in the district.
Weiss then requested special counsel authority and was denied by the Department of Justice headquarters, according to the missive. Weiss also said he sent the case to the U.S. Attorney’s Office for the Central District of California and that a decision was pending. That decision was ultimately a rejection, the whistleblowers said.
“This case could end up without any charges,” Shapley wrote.
Darrell Waldon, Shapley’s superior, replied to the email to say he was sending the matter to an inspector general due to concerns about how it was being handled.
Tristan Leavitt with Empower Oversight, which is helping represent Shapley, said that Weiss’s new letter confirms what Shapley later told Congress.
“Having to get [the] permission of another US Attorney to partner on charges, and if that fails seek Special Attorney status from the AG, doesn’t sound like much ‘ultimate authority.’ In fact, it sounds just like what Weiss told six witnesses on 10/7/22 DIDN’T WORK, losing DC charges,” he added.
Weiss ultimately charged Hunter Biden with two counts of intentionally failing to pay taxes and one gun charge.
Hunter Biden plans to plead guilty to the misdemeanor tax crimes and is being allowed to enter a diversion agreement for the felony gun count.
