NewsUS Attorney General Merrick Garland announced Friday that he would be appointing a special counsel to oversee the ongoing criminal case against President Joe Biden’s son Hunter Biden. Hunter Biden is accused of tax and firearms offenses.
Garland stated that David Weiss would be taking over the case United States v. Robert Hunter Biden and any related investigations or cases as a special counsel. Garland stated, “Today’s announcement affords the prosecutors, agents, and analysts working on this matter the ability to proceed with their work expeditiously, and to make decisions indisputably guided only by the facts and the law.” Garland expressed his assurance that Weiss would remain independent and would “carry out his responsibility in an even-handed and urgent manner.”
According to the Department of Justice (DOJ) and Garland, Weiss has been involved in investigations related to Biden’s case since 2019 in his previous capacity as US Attorney for the District of Delaware. Weiss previously sent a letter to Congress confirming that he has been given full independence up to this point in the investigation, despite not previously having special counsel status. However, Garland stated that this past Tuesday Weiss determined that the investigation had reached a point where a special counsel appointment would be necessary. Weiss will maintain his current position as US Attorney for the District of Delaware, but will now have the extra resources and independence that the title of special counsel confers in relation to Biden’s case.
Biden is accused of failing to pay around $100,000 in income taxes in both 2018 and 2019. Biden also faces multiple firearms charges. The firearms charges stem from a 2018 incident where Biden purchased a Colt Cobra 38SPL from out of state without a license. The DOJ is also alleging that Biden was “addicted to a controlled substance” at the time of the purchase and possession and is therefore subject to further charges. Biden and the DOJ did agree to both a plea deal and a diversion agreement. However, a federal judge found the diversion agreement impermissible, toppling both the plea deal and diversion agreement. This led to Biden pleading not guilty to all charges. The House of Representatives has also been conducting its own investigation.
Special counsels are appointed by the DOJ when the DOJ itself or high-level leadership has a conflict of interest. 64 FR 37042, the federal code that governs special counsels, states that a special counsel must be “a lawyer with a reputation for integrity and impartial decisionmaking, and with appropriate experience to ensure…that the investigation will be conducted ably, expeditiously and thoroughly…” Special counsels receive financial independence, have separate budgets that they oversee and have independent hiring power. There are varying degrees of independence for these investigative positions from special counsels to independent counsels. Famous examples of times when the DOJ appointed a special counsel include the ongoing criminal cases against former President Donald Trump, Watergate when former President Nixon attempted to fire the special counsel kicking off a constitutional crisis and Iran-Contra under former President Ronald Regan.
