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Tipsheet

Garland Cornered Over Special Counsel Contradictions on Hunter Biden

AP Photo/Manuel Balce Ceneta

Before the announcement of Hunter Biden's sweetheart plea deal in June, which has since completely fallen apart, Attorney General Merrick Garland assured the public Delaware U.S. Attorney David Weiss had all of the tools he needed to thoroughly investigate Biden and bring charges. After five years and after blowing through statutes of limitations, Weiss struck a highly unusual and unprecedented deal -- giving Biden two misdemeanors and a diversion program for what should have been felony tax and firearm charges. IRS whistleblowers testified the case was improperly handled and that political influence was at play. 

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Two months later and after the deal fell apart in court, Attorney General Merrick Garland elevated Weiss to Special Counsel with a the task of investigating Hunter Biden. 

The move raised serious questions about Garland's previous claims Weiss already had the tools he needed for an unobstructed investigation. Now, Congress wants to know more about the contradiction and about-face. 

"Your appointment raises numerous concerns considering earlier statements from you and Mr. Weiss that Mr. Weiss already had “ultimate” authority—free of any political pressure—to pursue the investigation where, when, and how he sought fit. Now, recently reported information raises additional concerns about the Department’s unusual actions in this matter, and suggests that the Department under your leadership has been attempting to circumvent the rule of law in favor of Hunter Biden, President Biden, and the Biden family. Given the extremely serious nature of these issues, the Committees expect unfettered cooperation with our oversight from both you and the Department," House Judiciary Committee Chairman Jim Jordan, House Oversight and Accountability Committee Chairman James Comer and House Ways and Means Committee Chairman Jason Smith wrote in a letter to Garland Monday. 

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"Since the early days of its investigation concerning Hunter Biden, DOJ has deviated from its standard investigative procedure and afforded Hunter Biden special privileges not afforded to other Americans," they said.  

"These deviations took place while Mr. Weiss, with the full support and backing of the Department, oversaw the Hunter Biden investigation as U.S. Attorney—prior to receiving special counsel status. The Department pulled punches in this investigation, handicapping veteran investigators and preventing them from freely pursuing the facts," the letter continues. "The Department agreed to an apparently unprecedented plea deal with Hunter Biden after his attorneys threatened to call his father, President Biden, as a witness in the case. Now you have appointed as special counsel an individual who oversaw all the investigation’s irregularities, who spent the past two months claiming that he did not need special counsel status, and who was responsible for the plea agreement that collapsed in court and is widely viewed as an embarrassment for the Department. In light of Mr. Weiss’s record leading this investigation, we have concerns with his appointment as special counsel."

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Jordan, Comer and Smith have requested a number of documents related to communication about Weiss' Special Counsel appointment by September 11, 2023. 

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