The scope of top Hunter Biden prosecutor David Weiss’ authority was off limits for his former staffer when she testified before congress.
Former Assistant U.S. Attorney for the District of Delaware Lesley Wolf testified Dec. 14 before the House Judiciary Committee and did not have permission to discuss the details of Weiss’ charging authority on the Hunter Biden case, according to a transcript reviewed by the Daily Caller. (RELATED: Lesley Wolf Refused To Explain Order To Remove Joe Biden From Search Warrant In Hunter Biden Case)
WILMINGTON, DELAWARE – OCTOBER 03: Hunter Biden (C), son of U.S. President Joe Biden, departs from the J. Caleb Boggs Federal Building on October 3, 2023 in Wilmington, Delaware. Biden appeared in court to be arraigned on firearms charges where he plead not guilty. (Photo by Anna Moneymaker/Getty Images)
“Okay. With respect to the Hunter Biden case, Stuart Goldberg testified that even though David Weiss has said he has ultimate charging authority, that the Tax Division still was required to approve any tax charges. Was that your understanding?” Wolf was asked.
“I am not authorized to speak on the particulars of any ongoing matter,” Wolf replied. (RELATED: IRS Whistleblowers Unable To ‘Verify’ Loans White House Claims Joe Biden Sent To Family Members, Testimony Shows)
“Okay. So you’re not authorized to speak on David Weiss’ charging authority? I mean, that’s been one of the areas that the justice Department has allowed witnesses to address.”
“It is my understanding that because you have heard directly from others on this issue who are in a far better position than I am to speak to the actual scope of his authority, that I am not authorized to speak on that” Wolf answered.
“So you’re not authorized to speak on Weiss’ authority?”
“That’s correct,” Wolf said. She proceeded to give a generalized description of what she believed Weiss’ authority to be without going into detail.
“It was always my understanding, without the particulars, was that U.S. Attorney Weiss would have the necessary authority to bring charges that he believed were appropriate, to bring in any jurisdiction that he felt it was appropriate to bring said charges in,” Wolf stated.
She did not answer specific questions related to cases she worked on where DOJ Tax authority might have been an issue. Wolf instead spoke vaguely about the tax division’s general approval processes and referred to the criminal tax division manual.
Hunter Biden, son of US President Joe Biden, leaves the J. Caleb Boggs Federal Building in Wilmington, Delaware, on July 26, 2023. Hunter Biden pleaded not guilty to minor tax offenses on July 26, as a deal with federal prosecutors fell apart in a Delaware court. The surprise reversal of Biden’s agreement last month to settle the charges came after Judge Maryellen Noreika raised questions about the complicated deal that would also settle a separate gun charge against the president’s son, US media reported. (Photo by RYAN COLLERD / AFP) (Photo by RYAN COLLERD/AFP via Getty Images)
Acting Deputy Assistant Attorney General for the Department of Justice (DOJ) Tax Division Stuart Goldberg testified before the Judiciary Committee in October and said the DOJ Tax Division has approval authority over Weiss’ investigative steps and any potential tax charges he decides to level against Hunter Biden, according to a transcript reviewed by the Caller.
Goldberg cited the DOJ’s own manual and regulations outlining the scope of the DOJ Tax Division’s authority. The guidelines still apply even with Weiss’ special counsel status, Goldberg stated. (RELATED: Hunter Biden Tax Case Received Special Attention From DOJ Investigators, Top Official Testifies)
Weiss confirmed the DOJ Tax Division’s authority under federal regulations and the DOJ manual when he testified before the Judiciary Committee in November, according to a transcript reviewed by the Caller. Weiss pointed out he did not run into problems with DOJ tax officials during the Hunter Biden investigation.
Weiss, the Delaware U.S. Attorney, defended Wolf and his entire team on the Hunter Biden case during his testimony. Wolf is no longer employed by the DOJ and left her position weeks before her testimony.
WASHINGTON, DC – JULY 19: (L-R) Supervisory IRS Special Agent Gary Shapley and IRS Criminal Investigator Joseph Ziegler are sworn-in during a House Oversight Committee hearing related to the Justice Department’s investigation of Hunter Biden, on Capitol Hill July 19, 2023 in Washington, DC. The committee heard testimony from two whistleblowers from the Internal Revenue Service who allege that the Hunter Biden criminal probe was mishandled by the Department of Justice. (Photo by Drew Angerer/Getty Images)
IRS whistleblowers Gary Shapley and Joseph Ziegler have accused Wolf and other DOJ officials of giving Hunter Biden special treatment throughout the ongoing criminal investigation into the first son centered around his taxes.
Witness testimony from DOJ, FBI and IRS officials confirmed key allegations first brought forward by the IRS whistleblowers, House Republicans detailed in a report released Dec. 5. The other witnesses, including Weiss himself, were permitted to describe how they perceived Weiss’ charging authority and the DOJ Tax Division’s ability to approve Weiss’ decisions. (RELATED: IRS Whistleblower Was Removed From Hunter Biden Case After Rift With Top Prosecutor, IRS Officials Testify)
One major allegation provided by Shapley was that Weiss stated at an Oct. 7, 2022 meeting the DOJ rejected his request for special counsel authority and instructed him to follow the process. Shapley’s attorneys have released an email Shapley sent and handwritten notes documenting his account of the Oct. 7, 2022 meeting.
Weiss confirmed DOJ officials rejected his request for special attorney authority under section 515 in spring 2022 and told him to follow the process instead. House Judiciary Chairman Jim Jordan told reporters Weiss’ testimony vindicated the IRS whistleblowers and confirmed Shapley’s accusation.
In addition, Weiss confirmed President Biden-appointed U.S. Attorneys for the District of Columbia Matthew Graves and the Central District of California E. Martin Estrada did not cooperate on the Hunter Biden case. Graves’ choice resulted in the statute of limitations expiring for alleged tax-related offenses committed by Hunter Biden in the 2014-15 tax years, Weiss confirmed. (RELATED: Biden-Appointed Prosecutor Ignored Potential Conflict Of Interest In Hunter Biden Case, Testimony Shows)
Graves and Estrada testified separately before the House Judiciary Committee in October and both said they did not partner with Weiss on the case, according to transcripts reviewed by the Caller.
Graves and Estrada’s conduct was first highlighted by the IRS whistleblowers. The IRS agents testified to the House Ways and Means Committee that Hunter Biden’s alleged tax crimes in the 2014-15 tax years were tied to income he received from Ukrainian energy firm Burisma Holdings.
Wolf faced additional questions in relation to Weiss’ ability to charge outside of his jurisdiction and the section 515 request he made in spring 2022. She repeatedly declined to answer those specific questions and deferred to Weiss.
“I think, again, to the extent I’m authorized to speak on the scope of U.S. Attorney Weiss’ authority, I indicated it was my understanding that he would have the authority he needed. The particulars of that and what it looked like, I do not have either authorization to speak to or, quite frankly, the knowledge thereof,” Wolf reiterated.
WASHINGTON, DC – NOVEMBER 14: U.S. Rep. Jim Jordan (R-OH) questions General Services Administration (GSA) Administrator Robin Carnahan as she testifies before a House Oversight and Accountability Committee oversight hearing on the GSA in the Rayburn House Office Building on November 14, 2023 in Washington, DC. The Committee questioned Carnahan on the GSA’s decision to place the new F.B.I. headquarters in Maryland. (Photo by Kevin Dietsch/Getty Images)
Weiss wrote three letters to congressional lawmakers addressing the IRS whistleblower allegations prior to his testimony. In a June 7 letter, Weiss said he had “ultimate authority” over the Hunter Biden case, yet he wrote a letter later that month saying his charging authority had geographical limitations.
Weiss subsequently wrote a letter in July to Republican South Carolina Sen. Lindsey Graham denying Shapley’s accusation he requested special counsel authority. He alluded to internal discussions over special attorney authority without going into detail.
Attorney General Merrick Garland appointed Weiss special counsel in August following the IRS whistleblower allegations and the collapse of Hunter Biden’s guilty plea agreement in Delaware. Weiss is simultaneously serving as special counsel and the Delaware U.S. Attorney.
Garland testified in September and similarly deferred to Weiss on particular details of the Hunter Biden investigation and his charging authority. (RELATED: ‘What Are They Afraid Of?’: Hunter Biden Says Joe ‘Saved My Life,’ Refuses To Appear For House GOP Deposition)
Hunter Biden is staring down nine federal tax charges in the Central District of California including three felonies and three federal gun charges in Delaware. He pleaded not guilty in October to the gun charges and seeks to have them dismissed.
Shapley and Ziegler said in a statement they were vindicated by the California tax indictment. Hunter Biden is suing the IRS for alleged illegal disclosures by the whistleblowers.
Hunter Biden’s arraignment for the California tax charges is scheduled to take place in January.
Henry Rodgers contributed to this report