Hunter Biden investigation: Attorney Garland names a special counsel

United States Attorney General Merrick Garland announced Friday that David Weiss of Delaware, who has been looking into charges brought against President Joe Biden's surviving son, Hunter Biden, has been appointed as a special counsel. 

On Tuesday, Weiss approached Garland with a request to serve as his special counsel.

Hunter has been the subject of an investigation since 2019 thanks to Weiss, a Trump-appointed US attorney who was hired during the Biden administration. He and Hunter struck a tentative plea agreement, but it broke down lately under the scrutiny of a federal judge in Delaware.

Earlier this year, Biden's son agreed to admit guilty to two misdemeanor charges related to his federal income tax filing. He was also accused by federal authorities of committing a felony firearm offense, and he agreed to enter a pretrial diversion agreement that allows him to avoid prosecution.

The order of appointment for Weiss to serve as special counsel authorises him to "conduct the ongoing investigation described above, as well as any matters that arose from that investigation or may arise."

The order gives Weiss the authority to "prosecute federal crimes in any federal judicial district arising from the investigation of these matters."

Attorney General Garland said Weiss requested the special counsel status earlier this week after determining that "in his judgment, his investigation has reached a stage at which he should continue his work as Special Counsel and he asked to be so appointed."

The scope of the ongoing investigation is not clear and under Justice Department guidelines, prosecutors do not spell out as-yet-uncharged allegations. But the appointment paperwork for Weiss references two criminal matters against Hunter Biden and says he began probing Biden, "among others," several years ago.

At the conclusion of his inquiry, Weiss will submit a report in accordance with special counsel regulations. In accordance with the law and Justice Department protocol, Garland declared he would make that report public.

"This doesn't change our understanding of Mr Wiess' authority over the 5-year investigation into Mr Biden," Hunter's counsel, Chris Clark, said in a statement. 

"For years, both Mr Weiss and the Department have assured us and the public that Mr Weiss had more authority than a special counsel and full authority to negotiate a resolution of his investigation – which has been done. Whether in Delaware, Washington, DC, or anywhere else, we expect a fair resolution not infected by politics and we'll do what is necessary on behalf of Mr. Biden to achieve that."

Recently, the judge in the Hunter Biden case said she wasn't ready to accept the plea agreement reached between the president's son and the Justice Department. She urged both sides to submit further documents and return to court at a later time.

She insisted that the attorneys on both parties make it abundantly clear that the agreement does not grant Biden a broad immunity from prosecution for his commercial operations. Hunter Biden thus entered a not-guilty plea to two misdemeanor charges involving his federal income tax filing.

According to a court document, the prosecutor in the case stated on Friday that a trial is necessary because the parties have reached an impasse regarding the plea agreement.

"Following additional negotiations after the hearing held on July 26, 2023, the parties are at an impasse and are not in agreement on either a plea agreement or a diversion agreement", the Justice Department said in the filing.

It said prosecutors requested Biden's position on 9 August and asked for it by 11 August. Biden's lawyers said they needed an extension until 14 August, "which the Government declined." Biden had not yet provided his position, the filing said.

"As a result, the Government respectfully requests that the Court vacate its briefing order since there is no longer a plea agreement or diversion agreement for the Court to consider," the filing said.

On Monday, August 14, at noon, US District Judge Maryellen Noreika requires a response from Hunter Biden's attorneys.