The U.S. attorney for Delaware has denied retaliation against an IRS official who disclosed details of the Hunter Biden investigation, and denied that he was obstructed from pursuing serious charges against Mr. Biden, the president’s son, in Los Angeles and Washington.
David C. Weiss, an appointee of former President Donald J. Trump who was retained by the Biden administration, defended the integrity of his investigation in a two-page letter sent to House Republicans on Friday, in which he gave the most detailed explanation of the five-year investigation that culminated in a plea deal last month that would have barred prison time for Mr. Biden, who faces misdemeanor tax charges and a separate indictment of the gun.
The Department of Justice “did not retaliate” against Gary Shapley, who claimed that Mr. Weiss helped block a promotion he sought after reaching out to congressional investigators, Mr. Weiss wrote the letter to Representative Jim Jordan of Ohio, the chairman of the House Judiciary Committee.
Mr. Weiss went on to discuss, in hypothetical terms, the gist of Mr. Shapley: that the Biden-appointed US attorneys in California and Washington obstructed Mr. Weiss to prosecute Hunter Biden on felony tax charges at a time when the president’s youngest son is making millions representing foreign-controlled businesses.
Mr. Shapley, who testified before the House Ways and Means Committee in May under what Republicans say are whistle-blower protections, also said he and other investigators witnessed Mr. Weiss say last year that he cannot “officially decide” to prosecute Mr. Biden, and that Mr. Weiss when he requested special counsel status after local prosecutors told him he could not file charges. House Republicans released the testimony last month.
While Mr. Weiss did not deny that those offices refused his request to file more serious charges, he supported the statement of Attorney General Merrick B. Garland that he was given full authority in the case, and that he had a choice. of the overruling prosecutors just by contacting Mr. Garland or his top aides.
As Delaware’s US attorney, “my charging authority is limited to the geography of my district,” Mr. Weiss.
“If the venue for a case is located elsewhere, the department’s standard practice is to contact the United States Attorney’s Office for the district in question and determine whether it wants to join the case,” he added. “If not, I can request a special attorney status.”
Deputizing a federal prosecutor as a special counsel is different from making them a special counsel. The special attorney provision is, in essence, a solution that allows an outsider to intervene in cases that span multiple jurisdictions or have special conditions. The special counsel regulations, in contrast, contain reporting requirements to the Department of Justice and congressional oversight provisions.
Mr. Garland said that Mr. Weiss never asked him to be called a special advisor.
Mr. Weiss did not address those issues clearly in the letter he sent to Mr. Jordan on Friday. But he said that if he wanted to prosecute Mr. Biden in California or Washington, he will do it without worrying about blocking the leadership of the department.
“I am assured that, if necessary after the above process, I will be granted § 515 Authority in the District of Columbia, the Central District of California, or any other district where charges may be filed in this matter,” he wrote, referring to the section of federal law that defines the role of a special counsel.
The letter followed a June 7 message he sent to Republican committees that made many of the same points in less specific terms.
Mr. Weiss was deeply disappointed by what he believed to be unjustified attacks on his character and motives, and was eager to voice his response to Mr. Shapley before the July 4 break, according to two people familiar with the situation.
An email sent by the spokesperson of Mr. Weiss didn’t answer right away.
Mr. Jordan, along with Representative James R. Comer of Kentucky, who chairs the Oversight Committee, and Representative Jason Smith of Missouri, who chairs the Ways and Means Committee, sent letters on Thursday to Mr. Weiss and other officers involved in Hunter. Biden requesting their testimony on this matter.
Mr. Weiss said the Justice Department’s legislative affairs office had reached out to Mr. Jordan’s staff “to discuss the appropriate timeline and scope” for his public testimony once it is due.
In his statement announcing the request of Mr. Biden agreement, Mr. Weiss said the investigation is “ongoing,” making him legally barred from testifying about the details.
