U.S. Attorney David Weiss Granted Expanded Authority by Attorney General Merrick Garland to Pursue Charges Against President’s Son

Attorney General Merrick Garland appointed Delaware U.S. Attorney David Weiss as a special counsel to carry forward the prosecution of Hunter Biden after plea negotiations fell apart.

This development ushers in a new, politically charged phase in the ongoing legal saga, coinciding with President Biden’s re-election campaign.

Under this appointment, Weiss is empowered to prosecute Hunter Biden in any jurisdiction he deems appropriate, rather than solely in Delaware.

This decision came on the same day that Weiss indicated in a court filing that plea discussions with Biden had reached an impasse, and prosecutors anticipated that the case would proceed to trial.

Weiss petitioned the Delaware judge to dismiss a previously filed tax case against Hunter Biden, contending that the trial needed to be conducted elsewhere, including California, where Biden resided during the period in question in the case.

Garland noted that Weiss had informed him on Tuesday that his investigation had “reached a point where he should continue his work as a special counsel, and he requested to be appointed as such.” Garland, who had previously asserted that Weiss had all the requisite resources and independence, stated that this move “reaffirms that Mr. Weiss possesses the authority required to conduct a thorough investigation and proceed with actions he deems suitable independently, solely based on facts and the law.”

Chris Clark, an attorney for Hunter Biden, expressed confidence that Biden’s legal team still believed they could resolve the case without going to trial. Clark stated, “We are confident that once all these maneuvers conclude, my client will find resolution and successfully move forward with his life.”

Unique situation

The appointment of Weiss places the Justice Department in a unique situation where three separate special counsels are investigating the President, his son, and the President’s probable primary opponent in the 2024 election, GOP front-runner Donald Trump.

One special counsel, Jack Smith, has leveled charges against Trump for improperly withholding classified documents and separately conspiring to unlawfully overturn his 2020 election defeat. Trump has pleaded not guilty to both charges. Another special counsel, Robert Hur, has been examining President Biden’s handling of classified materials, following the discovery of such documents predating his tenure at the White House in his residence and office.

Republicans in Congress have been scrutinizing business dealings involving Hunter Biden and the Biden family, criticizing the now jeopardized plea agreement as lenient when contrasted with the Justice Department’s stringent approach toward Trump. This criticism has been fueled, in part, by two investigators on the case alleging undue political interference.