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WASHINGTON — Delaware US Attorney David Weiss told the House Judiciary Committee that he was refused “special attorney” status in his investigation of first son Hunter Biden, the panel’s chairman said Tuesday — though Weiss insisted that his decision-making was not impeded in the case.

Committee chairman Jim Jordan (R-Ohio) told reporters that Weiss said he initially requested special attorney status in spring 2022 from the Justice Department’s principal assistant deputy attorney general, but was not granted it.

“When he was specifically asked, ‘Did you ever request special attorney authority under Section 515?’ Mr. Weiss’ response was, ‘Yes, in the spring of 2022,'” Jordan said.

“He won’t answer a lot of questions,” Jordan added, also describing Weiss as inconsistent.

“He maintains, ‘Oh I would have always been able to get it if I had asked for it.’ But then his answer was, ‘I asked for it and wasn’t given it,'” Jordan said.

IRS whistleblower Gary Shapley contacted Congress in April to allege a coverup in the Hunter Biden case, which Shapley supervised for more than three years. Shapley said that Weiss told investigators at an October 2022 meeting that he lacked ultimate decision-making authority, contrary to Attorney General Merrick Garland’s under-oath claims to Congress.


  Delaware US Attorney David Weiss was denied “special attorney” status in the Hunter Biden case. AP Delaware US Attorney David Weiss was denied “special attorney” status in the Hunter Biden case. AP

Jason Foster, founder of Empower Oversight, which represents Shapley, tweeted Tuesday: “So who denied Weiss special attorney charging authority, for what reason, and why didn’t he and Garland just say so when Congress asked? It went down just as IRS whistleblowers described.”

In his prepared remarks, Weiss, who was granted special counsel status by Garland Aug. 11 after the collapse of a probation-only plea deal for the president’s son on tax fraud and gun charges, insisted his office’s more than five-year investigation was not impeded.

“I am, and have been, the decision-maker on this case,” claimed Weiss, a Trump administration holdover who was recommended to his post by Delaware’s two Democratic senators, who are close Biden allies.

“I do not, however, make these decisions in a vacuum. I am bound by federal law, the principles of federal prosecution and DOJ guidelines. As a result there are processes that I must adhere to in making investigative and charging decisions,” the statement went on.


  House Judiciary Committee chairman Jim Jordan told reporters Tuesday that Weiss’ denial was the “key takeaway.” AP House Judiciary Committee chairman Jim Jordan told reporters Tuesday that Weiss’ denial was the “key takeaway.” AP

“These processes did not interfere with my decision-making authority. At no time was I blocked, or otherwise prevented from pursuing charges or taking the steps necessary in the investigation by other United States Attorneys, the Tax Division or anyone else at the Department of Justice.”

Shapley, backed up by another IRS agent, Joseph Ziegler, alleged numerous irregularities in the investigation of the first son over about $2 million in unpaid taxes from 2014 to 2019 — with Shapley accusing Garland of misleading Congress about Weiss’ independence.

Los Angeles US Attorney Martin Estrada and DC US Attorney Matthew Graves recently confirmed to the Judiciary Committee that they declined to “partner” with Weiss in bringing charges against Hunter Biden, but insisted they were willing to assist Weiss without lending him their staff.

Before Shapley and Ziegler came forward, Weiss reportedly considered ending the probe without charging Hunter Biden with any crimes.


  Hunter Biden leaves federal court in October. Saquan Stimpson – CNP Hunter Biden leaves federal court in October. Saquan Stimpson – CNP

Weiss ultimately approved a probation-only plea deal, which dramatically imploded at a July 26 court hearing over a dispute with defense attorneys about the scope of immunity for past conduct.

Weiss in September charged Hunter Biden in Delaware with three felonies related to gun possession, but he has not yet refiled tax charges, which could also come with related counts such as money laundering and alleged violations of the Foreign Agents Registration Act.

Republican-led House committees are conducting an impeachment inquiry into Joe Biden’s alleged role in his son and brother James’s foreign ventures in countries such as China and Ukraine.

While vice president and before winning the presidency, Biden regularly interacted with his relatives’ benefactors.


  A Post cover from August after Weiss was appointed special counsel investigating Hunter Biden.
 A Post cover from August after Weiss was appointed special counsel investigating Hunter Biden.

A fuller account of Weiss’ Judiciary Committee testimony was not immediately available, but Republicans are likely to have asked Weiss about his office’s pursuit — or lack thereof — of various allegations involving the first family.

Weiss’ office received an unproven FBI informant tip in 2020 that Ukrainian gas company Burisma Holdings owner Mykola Zlochevsky, who paid Hunter $1 million per year, claimed in 2016 that he was “coerced” to pay Joe and Hunter Biden $10 million in bribes. 

However, it is unclear whether the information was investigated or how thoroughly it was examined. 

Shapley told lawmakers over the summer that federal tax agents weren’t told of the allegation and said it “would have been really helpful to have.”

“The team, to the best of my knowledge, never saw that [FD-1023] document,” he said.

In a separate statement, House Minority Leader Hakeem Jeffries (D-NY) condemned the phrase, saying: “Echoing slogans that are widely understood as calling for the complete destruction of Israel — such as from the River to the Sea — does not advance progress toward a two-state solution. Instead, it unacceptably risks further polarization, division and incitement to violence. There are millions of Palestinians in the West Bank and Gaza who legitimately aspire to peaceful self-determination and economic dignity. The continued presence of Hamas undermines that cause, further making clear that the ongoing effort to decisively defeat this brutal terrorist regime must succeed.”

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