Special Counsel Leading Probe Into Hunter Biden Testifying to Congress

U.S. Attorney David Weiss arrives for an interview before members of the House Judiciary Committee in Washington on Nov. 7, 2023. Jose Luis Magana/AP Photo

The U.S. prosecutor investigating President Joe Biden’s son is testifying to Congress on Nov. 7.

Special counsel David Weiss, appointed by Attorney General Merrick Garland, is answering questions before the House Judiciary Committee.

Mr. Weiss will be confronted with his shifting position on whether he had the ultimate authority to bring charges against Hunter Biden, the president’s son, in various venues outside his home district of Delaware.

Mr. Weiss told lawmakers earlier this year that he had “ultimate authority over this matter, including responsibility for deciding where, when, and whether to file charges.”

But he later said that his charging authority was “limited” to Delaware and that if he wanted to bring charges elsewhere, he would need to “partner” with the local U.S. attorney. That attorney could reject the request, Mr. Weiss said. If that happened, he could request special attorney status. Mr. Weiss said he had “been assured” that he would be granted that status if he requested it.

Mr. Weiss was never made special attorney, even after at least two U.S. attorneys outside Delaware rejected requests from Mr. Weiss to partner.

“Mr. Weiss is prepared to take this unprecedented step of testifying before the conclusion of his investigation to make clear that he’s had and continues to have full authority over his investigation and to bring charges in any jurisdiction,” Wyn Hornbuckle, a spokesperson for Mr. Weiss, told news outlets in a statement before the appearance on Tuesday.

Rep. Andy Biggs (R-Ariz.), a member of the House panel, said that Mr. Weiss “is anything but partial.”

“He worked closely with Beau Biden. He crafted a sweetheart deal for Hunter Biden. He stonewalled the IRS from looking into Joe Biden. We'll find out more tomorrow,” he said on X on Monday.

Republicans Looking for Answers

Rep. Jim Jordan (R-Ohio), chairman of the House committee, has said evidence points to the U.S. Department of Justice (DOJ) working to sweep allegations against Mr. Biden under the rug, which is why his panel has focused on Mr. Weiss and the DOJ.

Mr. Weiss’ testimony comes after negotiations involving the DOJ, which employs the prosecutor, and the House panel.

The parties eventually reached an agreement for Mr. Weiss to testify behind closed doors, with questions being asked by Republicans and Democrats.

IRS whistleblower Gary Shapley, who worked on the investigation into Mr. Biden, has produced records indicating Mr. Weiss could not bring charges against the target outside Delaware without approval from other U.S. attorneys. After being rejected by the attorneys, Mr. Weiss asked to become special counsel but was rejected, Mr. Shapley said in notes from a meeting with Mr. Weiss.

There is no evidence Mr. Weiss ever requested being made special attorney. Mr. Garland, an appointee of President Biden, in August appointed Mr. Weiss special counsel.

Mr. Garland has been unable to explain why Mr. Weiss needed to become special counsel if he already had the ultimate authority to bring charges.

U.S. Attorney Matthew Graves, appointed by President Biden, has confirmed that he rejected a request to partner from Mr. Weiss before the October 2022 meeting that included Mr. Weiss and Mr. Shapley.

Mr. Graves, the attorney for the District of Columbia, said he made the choice based on recommendations from lower-level staff in his office, according to a transcript of his testimony to Congress that was reviewed by The Epoch Times.

Martin Estrada, the U.S. Attorney for central California, later told Congress that he also turned down a request to partner from Mr. Weiss.

Mr. Estrada said that he offered office space and administrative support to Mr. Weiss’ team, who he believed could bring charges without partnering.

Mr. Weiss did charge Mr. Biden in Delaware, but has since successfully gotten tax charges he brought dropped because he admitted they occurred in another district. Gun charges that were brought are still being prosecuted. Mr. Biden has pleaded not guilty.

Hunter Biden arrives at the J. Caleb Boggs Federal Courthouse in Wilmington, Del., on Oct. 3, 2023. Madalina Vasiliu/The Epoch Times

Other Testimony

Michael Batdorf, another IRS official who worked on the case, said in another closed-door session that he was frustrated when he learned about Mr. Estrada’s choice, and that Mr. Weiss was probably frustrated about the rejection “because he now had to make some decisions on what he was going to do.”

Thomas Sobocinski, an FBI official who participated in the October 2022 meeting, told members that he did not recall Mr. Weiss telling participants that he did not have authority to bring charges against Mr. Biden outside Delaware.

Another FBI agent told the panel that multiple prosecutors turned down requests to partner from Mr. Weiss.

Scott Brady, the former U.S. attorney for the Western District of Pennsylvania, meanwhile, said in October to the panel that his team checked into information provided by an FBI source on Mr. Biden.

“We did corroborate certain things” from the source, Mr. Brady said.

The source had alleged Mr. Biden and President Biden were bribed.

Mark Tapscott contributed to this report.