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The '''Weiss special counsel investigation''' is an ongoing [[criminal investigation]] into [[Hunter Biden]], the son of U.S. President [[Joe Biden]]. Attorney General [[Merrick Garland]] announced the appointment of Delaware [[United States attorney]] [[David C. Weiss|David Weiss]] as the [[special counsel]] on August 11, 2023, three days after Weiss requested such authority. |
The '''Weiss special counsel investigation''' is an ongoing [[criminal investigation]] into [[Hunter Biden]], the son of U.S. President [[Joe Biden]]. Attorney General [[Merrick Garland]] announced the appointment of Delaware [[United States attorney]] [[David C. Weiss|David Weiss]] as the [[special counsel]] on August 11, 2023, three days after Weiss requested such authority. |
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As U.S. attorney, Weiss began investigating Hunter Biden in 2018. Republicans had for months asked Garland to appoint a special counsel to investigate Hunter Biden. Many specifically demanded that Weiss, a Republican appointed by [[Donald Trump]] as U.S. Attorney, be appointed special counsel, giving him additional authority. After Garland appointed Weiss special counsel in August 2023, |
As U.S. attorney, Weiss began investigating Hunter Biden in 2018. Republicans had for months asked Garland to appoint a special counsel to investigate Hunter Biden. Many specifically demanded that Weiss, a Republican appointed by [[Donald Trump]] as U.S. Attorney, be appointed special counsel, giving him additional authority. After Garland appointed Weiss special counsel in August 2023, congressional Republicans said they were not satisfied, with some claiming that Weiss was untrustworthy.<ref>{{cite news |title=Republicans Wanted a Special Counsel Investigation of Hunter Biden. Now Many Oppose It. |url=https://www.nytimes.com/2023/08/12/us/politics/republicans-hunter-biden-special-counsel.html |work=The New York Times |date=August 12, 2023|author1=Luke Broadwater|author2=Maggie Haberman | quote=But on Friday, after Mr. Garland elevated Mr. Weiss to special counsel status, Republicans in Congress reacted publicly not with triumph, but with outrage. "David Weiss can't be trusted and this is just a new way to whitewash the Biden family's corruption," Republicans on the House Judiciary Committee wrote on X,...}}</ref><ref>{{cite news |last1=Robertson |first1=Nick |title=Who is David Weiss, the newly appointed Hunter Biden special counsel? |url=https://thehill.com/regulation/court-battles/4149521-who-is-david-weiss-the-newly-appointed-hunter-biden-special-counsel/ |work=The Hill |date=August 11, 2023}}</ref><ref>{{cite news |last1=Vazquez |first1=Maegan |title=Republicans who demanded special counsel to investigate Hunter Biden aren’t satisfied |url=https://www.washingtonpost.com/politics/2023/08/11/gop-hunter-biden-special-counsel/ |work=The Washington Post |date=August 11, 2023}}</ref> |
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A plea agreement negotiated in July 2023 fell through after a U.S. district judge declined to approve it. In September 2023, Hunter Biden was indicted on gun-related charges arising from his ownership of a handgun in 2018. |
A plea agreement negotiated in July 2023 fell through after a U.S. district judge declined to approve it, due to ambiguity about which offenses would be covered by the plea agreement. In September 2023, Hunter Biden was indicted on gun-related charges arising from his ownership of a handgun for an 11-day period in 2018, when he was struggling with a [[cocaine addiction]]. |
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==Investigation== |
==Investigation== |
Revision as of 00:30, 19 September 2023
The Weiss special counsel investigation is an ongoing criminal investigation into Hunter Biden, the son of U.S. President Joe Biden. Attorney General Merrick Garland announced the appointment of Delaware United States attorney David Weiss as the special counsel on August 11, 2023, three days after Weiss requested such authority.
As U.S. attorney, Weiss began investigating Hunter Biden in 2018. Republicans had for months asked Garland to appoint a special counsel to investigate Hunter Biden. Many specifically demanded that Weiss, a Republican appointed by Donald Trump as U.S. Attorney, be appointed special counsel, giving him additional authority. After Garland appointed Weiss special counsel in August 2023, congressional Republicans said they were not satisfied, with some claiming that Weiss was untrustworthy.[1][2][3]
A plea agreement negotiated in July 2023 fell through after a U.S. district judge declined to approve it, due to ambiguity about which offenses would be covered by the plea agreement. In September 2023, Hunter Biden was indicted on gun-related charges arising from his ownership of a handgun for an 11-day period in 2018, when he was struggling with a cocaine addiction.
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 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 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 insisted Weiss had full independence amid claims by House Republicans of DOJ interference.[7] According to Gary Shapley and Joseph Ziegler—two IRS whistleblowers who testified to Congress—Weiss sought special counsel status, but his request was denied. Both Weiss and Garland denied the claims. In a July 10 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 DOJ district; he wrote 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."[8] 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.[9][10]
In October 2022, investigators concluded that there was sufficient evidence to charge Biden with violations of law relating to his tax filings and the October 2018 gun purchase.[11] 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.[12]
Plea agreement negotiations and collapse
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.[13][14] Republicans asserted Biden received a "sweetheart deal" as the son of the president.[15][16] Legal experts said charges are rarely brought under circumstances such as Biden's.[17][18][19][20]
On July 26, judge Maryellen Noreika declined to accept the deal, pending clarification of its terms by the parties.[21] House Republicans and conservative groups had sought to block the deal the previous day.[22] Weiss filed a document on August 11 stating negotiations had broken down.[10]
September 2023 indictment
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 handgun (specifically, a .38 caliber Colt Cobra) in Delaware in 2018, by certifying on the form that he was not a 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).[23][24][25] Biden purchased the gun during a period when he was struggling with cocaine addiction; he owned the gun for about 11 days, from October 12 to October 23, 2018,[24][23] when Hallie Biden removed the gun from his possession, fearing that he was suicidal.[23] Hunter Biden never used the gun.[25] He has said that he has been sober since 2019.[23][25]
Responses and analysis
In an October 2022 interview with Jake Tapper following The Washington Post's reporting, Joe Biden said he had "great confidence" in his son.[26] Democrats have suggested that the investigation is irrelevant to swing voters.[27]
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."[28]
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.[25] 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."[24] 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."[29]
References
- ^ Luke Broadwater; Maggie Haberman (August 12, 2023). "Republicans Wanted a Special Counsel Investigation of Hunter Biden. Now Many Oppose It". The New York Times.
But on Friday, after Mr. Garland elevated Mr. Weiss to special counsel status, Republicans in Congress reacted publicly not with triumph, but with outrage. "David Weiss can't be trusted and this is just a new way to whitewash the Biden family's corruption," Republicans on the House Judiciary Committee wrote on X,...
- ^ Robertson, Nick (August 11, 2023). "Who is David Weiss, the newly appointed Hunter Biden special counsel?". The Hill.
- ^ Vazquez, Maegan (August 11, 2023). "Republicans who demanded special counsel to investigate Hunter Biden aren't satisfied". The Washington Post.
- ^ Goldman, Adam; Benner, Katie; Vogel, Kenneth (December 9, 2020). "Hunter Biden Discloses He Is Focus of Federal Tax Inquiry". The New York Times. Retrieved July 26, 2023.
- ^ Benner, Katie (December 21, 2020). "Barr Sees 'No Reason' for Special Counsels for Hunter Biden or the Election". The New York Times. Retrieved July 26, 2023.
- ^ Zapotosky, Matt (February 8, 2021). "Biden administration will ask remaining Trump-appointed U.S. attorneys to step down — with few exceptions". The Washington Post. Retrieved July 26, 2023.
- ^ Thrush, Glenn; Schmidt, Michael; Broadwater, Luke (June 23, 2023). "Garland Pushes Back at G.O.P. Claims of Bias in Hunter Biden Investigation". The New York Times. Retrieved July 26, 2023.
- ^ Carney, Jordain (July 10, 2023). "U.S. Attorney David Weiss says he has not requested special counsel status as part of the years-long investigation into Hunter Biden". Politico.
- ^ Brooks, Emily; Beitsch, Rebecca (August 11, 2023). "Special counsel named in Hunter Biden case: Four things to know". The Hill.
- ^ a b Thrush, Glenn; Broadwater, Luke; Schmidt, Michael (August 11, 2023). "Garland Appoints Weiss as Special Counsel in Hunter Biden Inquiry". The New York Times. Retrieved August 11, 2023.
- ^ Barrett, Devlin; Stein, Perry (October 6, 2022). "Federal agents see chargeable tax, gun-purchase case against Hunter Biden". The Washington Post. Retrieved July 26, 2023.
- ^ Fitzpatrick, Sarah; Winter, Tom; Dilanian, Ken; Kosnar, Michael (April 20, 2023). "Federal prosecutors have considered four possible charges against Hunter Biden". NBC News. Retrieved July 26, 2023.
- ^ Gurman, Sadie; Linskey, Annie; Tau, Byron (July 27, 2023). "Hunter Biden's Courtroom Reversal Extends His Legal Limbo, Political Exposure". Wall Street Journal. Washington, D.C. Retrieved July 28, 2023.
In court on Wednesday, prosecutors said there was still the possibility of additional charges against the younger Biden under the Foreign Agents Registration Act, which requires anyone acting on behalf of a foreign government to file reports on their activities with the Justice Department ... The judge asked if the continuing investigation could yield additional charges such as violations of the Foreign Agents Registration Act. "Yes," prosecutor Leo Wise replied.
- ^ Fortinsky, Sarah (June 20, 2023). "DOJ: investigation 'ongoing;' Hunter Biden attorney says probe 'resolved'". The Hill.
- ^ Schmidt, Michael; Entous, Adam (June 20, 2023). "Hunter Biden Reaches Deal to Plead Guilty to Misdemeanor Tax Charges". The New York Times. Retrieved July 26, 2023.
- ^ Cole, Devan (June 21, 2023). "Legal experts cast doubt on GOP claims of a 'sweetheart deal' in Hunter Biden case". CNN.
- ^ Reilly, Ryan J. (June 20, 2023). "Legal experts say the charges against Hunter Biden are rarely brought". NBC News.
- ^ Robert Farley; D'Angelo Gore; Eugene Kiely; Lori Robertson (June 21, 2023). "Republican Claims About Hunter Biden Offenses". FactCheck.org.
- ^ Dorn, Sara (June 20, 2023). "Did Hunter Biden Get Off Easy? Republicans Think So—Here's What Legal Experts Say". Forbes.
- ^ Whitehurst, Lindsay (June 20, 2023). "Hunter Biden charged: President's son to plead guilty to federal tax offenses, likely avoiding jail". Baltimore Sun. Associated Press.
- ^ Thrush, Glenn; Schmidt, Michael; Cameron, Chris (July 26, 2023). "Judge Puts Hunter Biden's Plea Deal on Hold, Questioning Its Details". The New York Times. Retrieved July 26, 2023.
- ^ Broadwater, Luke; Schmidt, Michael (July 25, 2023). "Republicans in Congress Seek to Block Hunter Biden's Plea Deal". The New York Times. Retrieved July 26, 2023.
- ^ a b c d Schmidt, Michael S.; Thrush, Glenn (September 14, 2023). "Hunter Biden Indicted on Gun Charges". The New York Times.
- ^ a b c Marshall Cohen, Kara Scannell and Hannah Rabinowitz, Hunter Biden indicted on gun charges, CNN (September 15, 2023).
- ^ a b c d Glenn Thrush, Gun Charges Against Hunter Biden Are Unusual. Here's Why., New York Times (September 15, 2023).
- ^ Paybarah, Azi (October 12, 2022). "Biden says he has confidence in his son Hunter in first comments on possible federal charges". The Washington Post. Retrieved July 26, 2023.
- ^ Epstein, Reid; Ulloa, Jazmine (August 12, 2023). "As Hunter Biden Saga Endures, Democrats Avert Eyes and Dismiss Worries". The New York Times. Retrieved August 13, 2023.
- ^ Fortinsky, Sarah (August 11, 2023). "House GOP blasts appointment of Hunter Biden special counsel". The Hill.
- ^ Devlin Barrett & Perry Stein, Hunter Biden indicted on false statement, gun charges in Delaware, Washington Post (September 14, 2023).
External links
- "United States of America v. Robert Hunter Biden". United States Department of Justice. July 26, 2023. Retrieved August 1, 2023 – via Politico.