US

Hunter Biden Prosecutor David Weiss Claims He Never Sought Authority To File Additional Charges

NICHOLAS KAMM/AFP via Getty Images

James Lynch Contributor
Font Size:

U.S. Attorney David Weiss claimed in a letter Monday that he never sought additional legal authority to charge Hunter Biden in Washington, D.C., and California, where Biden-appointed U.S. attorneys allegedly refused to charge the younger Biden.

Weiss sent the letter to Republican South Carolina Sen. Lindsey Graham, who serves as ranking member of the Senate Judiciary Committee, in response to Graham’s request for information related to allegations made by IRS whistleblower Gary Shapley about Weiss’ investigation into Hunter Biden.

“To clarify an apparent misperception and to avoid future confusion, I wish to make one point clear: in this case, I have not requested Special Counsel designation pursuant to 28 CFR § 600 et seq. Rather, 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,” Weiss wrote in the letter, CBS News reported. The 28 CFR part 600 is the statute for appointing a Special Counsel and 28 U.S.C. part 515 allows the Attorney General to appoint special attorneys to perform litigation services. (RELATED: IRS Whistleblower’s Attorney Slams Washington Post For Not Correcting Hunter Biden Story)

“In this case, I’ve followed the process outlined in my June 30 letter and have never been denied the authority to bring charges in any jurisdiction,” Weiss added.

Shapley alleged in his testimony to the House Ways & Means Committee that Weiss was prevented from bringing charges against Hunter Biden in Washington, D.C., by Biden-appointed U.S. Attorney Matthew Graves.

“That process meant no charges would ever be brought in the District of Columbia, where the statute of limitations on the 2014 and ’15 charges would eventually expire,” Shapley said.

Shapley also said Weiss was blocked from charging Biden in the Central District of California by Biden-appointed U.S. Attorney E. Martin Estrada. The New York Times independently confirmed Estrada denied Weiss’ request to bring charges. (RELATED: Meet The U.S. Attorney Who Allegedly Covered For Hunter Biden)

“Prosecutors stated that they presented the case to the Central District of California in mid-September. That happened to correspond with the confirmation of the President Biden appointee to the United States Attorney, Martin Estrada. The case agent and I asked to participate in that presentation, but it was denied,” Shapley testified.

When Graves was in the private sector, he donated to Joe Biden’s 2020 presidential campaign on multiple occasions. Estrada donated once to Vice President Harris’ Democratic Senate campaign in California when he was in the private sector, the Daily Caller first reported.

Shapley said in his testimony that Attorney General Merrick Garland prevented Weiss from obtaining Special Counsel authority after Graves and Estrada allegedly prevented him from charging Hunter Biden. Shapley’s testimony contradicted Garland’s congressional testimony where he assured lawmakers the Biden investigation would not have any political interference. Garland has denied Shapley’s allegations of political interference into the Biden probe.

“U.S. Attorney David Weiss’s story continues to change. As a practical matter, it makes no difference whether Weiss requested special counsel or special attorney authority. Under no circumstances should ‘the process’ have included the political appointees of the subject’s father, because Congress and the public had been assured it would not—but it did,” Shapley’s attorneys said in a public statement.

Weiss wrote in his June 30 letter to Republican Ohio Rep. Jim Jordan about how his charging authority was limited to his home district in Delaware. He said it is common practice to ask whether the U.S. Attorneys office in the district would like to partner on the case when the venue lies outside of the prosecutor’s district.

“As the U.S. Attorney for the District of Delaware, my charging authority is geographically limited to my home district. If venue for a case lies elsewhere, common Departmental practice is to contact the United States Attorney’s Office for the district in question and determine whether it wants to partner on the case.”

Weiss rejected Jordan and Graham’s requests for information about the Hunter Biden investigation under the guise of protecting confidential information and deliberative communications related to an ongoing criminal case.

Hunter Biden was charged in June with two tax-related misdemeanors and a felony gun charge. He is expected to plead guilty to the charges and avoid jail time.

Editor’s note: This article has been updated to reflect recent developments surrounding Hunter Biden’s plea deal.

PREMIUM ARTICLE: Subscribe To Keep Reading

Sign up

By subscribing you agree to our Terms of Use

You're signed up!

Sign up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!

Sign up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!

Sign Up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!
BENEFITS READERS PASS PATRIOTS FOUNDERS
Daily and Breaking Newsletters
Daily Caller Shows
Ad Free Experience
Exclusive Articles
Custom Newsletters
Editor Daily Rundown
Behind The Scenes Coverage
Award Winning Documentaries
Patriot War Room
Patriot Live Chat
Exclusive Events
Gold Membership Card
Tucker Mug

What does Founders Club include?

Tucker Mug and Membership Card
Founders

Readers,

Instead of sucking up to the political and corporate powers that dominate America, The Daily Caller is fighting for you — our readers. We humbly ask you to consider joining us in this fight.

Now that millions of readers are rejecting the increasingly biased and even corrupt corporate media and joining us daily, there are powerful forces lined up to stop us: the old guard of the news media hopes to marginalize us; the big corporate ad agencies want to deprive us of revenue and put us out of business; senators threaten to have our reporters arrested for asking simple questions; the big tech platforms want to limit our ability to communicate with you; and the political party establishments feel threatened by our independence.

We don't complain -- we can't stand complainers -- but we do call it how we see it. We have a fight on our hands, and it's intense. We need your help to smash through the big tech, big media and big government blockade.

We're the insurgent outsiders for a reason: our deep-dive investigations hold the powerful to account. Our original videos undermine their narratives on a daily basis. Even our insistence on having fun infuriates them -- because we won’t bend the knee to political correctness.

One reason we stand apart is because we are not afraid to say we love America. We love her with every fiber of our being, and we think she's worth saving from today’s craziness.

Help us save her.

A second reason we stand out is the sheer number of honest responsible reporters we have helped train. We have trained so many solid reporters that they now hold prominent positions at publications across the political spectrum. Hear a rare reasonable voice at a place like CNN? There’s a good chance they were trained at Daily Caller. Same goes for the numerous Daily Caller alumni dominating the news coverage at outlets such as Fox News, Newsmax, Daily Wire and many others.

Simply put, America needs solid reporters fighting to tell the truth or we will never have honest elections or a fair system. We are working tirelessly to make that happen and we are making a difference.

Since 2010, The Daily Caller has grown immensely. We're in the halls of Congress. We're in the Oval Office. And we're in up to 20 million homes every single month. That's 20 million Americans like you who are impossible to ignore.

We can overcome the forces lined up against all of us. This is an important mission but we can’t do it unless you — the everyday Americans forgotten by the establishment — have our back.

Please consider becoming a Daily Caller Patriot today, and help us keep doing work that holds politicians, corporations and other leaders accountable. Help us thumb our noses at political correctness. Help us train a new generation of news reporters who will actually tell the truth. And help us remind Americans everywhere that there are millions of us who remain clear-eyed about our country's greatness.

In return for membership, Daily Caller Patriots will be able to read The Daily Caller without any of the ads that we have long used to support our mission. We know the ads drive you crazy. They drive us crazy too. But we need revenue to keep the fight going. If you join us, we will cut out the ads for you and put every Lincoln-headed cent we earn into amplifying our voice, training even more solid reporters, and giving you the ad-free experience and lightning fast website you deserve.

Patriots will also be eligible for Patriots Only content, newsletters, chats and live events with our reporters and editors. It's simple: welcome us into your lives, and we'll welcome you into ours.

We can save America together.

Become a Daily Caller Patriot today.

Signature

Neil Patel