Special counsel in Hunter Biden probe rejects claims he was stymied from pursuing the case

Special counsel David Weiss on Tuesday appeared in a closed-door meeting with congressional investigators probing his leadership of the Hunter Biden investigation, an unprecedented conversation that the prosecutor said left him with constraints on what he could discuss.

It was a dynamic Democrats said yielded their counterparts little new information about the ongoing investigation, even as Judiciary Committee Chair Jim Jordan (R-Ohio) said they gleaned new details about Weiss’s authority over the case.

Weiss, who agreed to the interview, made clear in his opening remarks he would be unable to comment on the substance of the investigation, instead stressing that he had ultimate authority over the case.

It’s a continuation of his stance contradicting testimony from an IRS whistleblower who claimed Weiss slow-walked the Hunter Biden case and was blocked from seeking special counsel status in order to bring charges against Biden in other jurisdictions, a status Weiss has since gained.

“To my knowledge, I am the first special counsel to testify before the submission of the Special Counsel report. I have done so out of respect for the committee’s oversight responsibilities and to respond to questions raised about the scope of my authority,” Weiss said in opening remarks to House Judiciary Committee investigators shared with reporters as the panel took a break.

“Today, I am prepared to address misunderstandings about the scope of my authority to decide where, when, and whether to bring charges in this matter. I do not intend to answer questions that could jeopardize the ongoing litigation, our investigations, or the rights of defendants or other individuals involved in these matters.”

Weiss’s appearance did not appear to alleviate concerns from Jordan, who partway through the interview told reporters the special counsel has misled them about his efforts to secure a different status — special attorney status — that similarly would allow him to file charges outside his post as U.S. Attorney for Delaware. 

Jordan said Weiss asked for special attorney status as far back as April of 2022 and was denied — adding detail to prior letters from Weiss who said he discussed the status with DOJ leadership.  

“That goes to the heart of the matter. He requested it, was not given that request, and never had that authority…He won’t answer a lot of questions. But that's the key takeaway,” Jordan said.

“He maintains 'Oh I would have always been able to get it if I had to ask for it.' But then his answer was, I asked for it and wasn't given it.” 

But Weiss told lawmakers in July that he approached DOJ leadership about special attorney status, suggesting he was rebuffed by the department.

 “I had discussions with Departmental officials regarding potential appointment under 28 U.S.C. § 515, which would have allowed me to file charges in a district outside my own without the partnership of the local U.S. Attorney. I was assured that I would be granted this authority if it proved necessary,” Weiss wrote in July.

He said the meeting came before the whistleblowers’ allegations and that he has “never been denied the authority to bring charges in any jurisdiction.”

Weiss’s appearance comes as Republicans have kicked off an impeachment inquiry into the president based in part on his son’s business dealings. GOP members have claimed the Justice Department attempted to shield Hunter Biden from prosecution for tax crimes. 

Several law enforcement officials working the investigation have countered that, saying no decisions in the case were influenced by politics and saying Weiss did not relay any resistance from DOJ in pursuing the case.

And Democrats leaving the interview described it as a waste of time, saying Weiss had to avoid answering questions that could tank his ongoing prosecution.

“This is unprecedented. You know, you never interrupt a prosecution with congressional hearings like this is the first time it's ever happened,” said Rep. Glenn Ivey (D-Md.) a former state and federal prosecutor.

“And the fact that he can answer questions is an obvious byproduct of that, because he doesn't want to do anything or say anything that will disrupt a criminal prosecution. Now, the irony is they're always pushing to try and prosecute Hunter Biden, but this is the same kind of stuff that could derail it.”

Rep. Ted Lieu (D-Calif.) described the meeting as “a waste of everyone’s time” and encouraged reporters staking out the meeting to go get lunch. 

“I don't know what we're doing here. We're not gonna learn anything new because he can't talk about the specific of the case,” he said.

Weiss’s authority, as well as concerns over how he handled the case, have become a key GOP focus in the investigation.

While Biden was slated to agree to plead guilty to two tax charges as a result of Weiss’s investigation, the plea deal fell apart as the parties appeared at odds over the extent it would shield the president’s son from future charges.

Weiss has since indicted Biden on three different gun charges while writing in court filings that he may file tax charges in D.C. or California – places where IRS whistleblower Gary Shapley and his colleague Joseph Ziegler, both assigned to work the case, said there was stronger evidence of tax crimes.

“All of this stuff is inappropriate,” Ivey said. “The committee shouldn't be getting involved in any of these cases while prosecutions are ongoing.”