Federal Prosecutor Investigating Hunter Biden Elevated to Special Counsel

Attorney General Merrick B. Garland appoints David C. Weiss as special counsel in Hunter Biden case

The negotiations for a plea agreement on tax and gun charges have failed

Investigation into Hunter Biden enters new and unpredictable stage

On Friday, Attorney General Merrick B. Garland announced that the federal prosecutor investigating President Biden’s son, Hunter Biden, has been elevated to the status of special counsel. The negotiations for a plea agreement on tax and gun charges have foundered, signaling a new and unpredictable phase in the yearslong inquiry. David C. Weiss, the U.S. attorney in Delaware who has been handling the case since 2018, has been named as the special counsel.

In court documents filed around the same time as the announcement, it was revealed that an impasse had been reached with defense lawyers over the proposed plea deal. This suggests that Hunter Biden may now face a new criminal indictment and a potential trial. This decision marks a significant reversal, as just last month, Weiss dismissed claims that he had asked to be made special counsel, and Garland expressed skepticism about appointing him to such a position.

However, Weiss contacted Garland on Tuesday to request the authority as the investigation had reached a stage where the powers of a special counsel were deemed necessary to continue. This designation grants Weiss the power to pursue charges in any jurisdiction without seeking the cooperation of local federal prosecutors. Garland expressed confidence in Weiss, stating that his appointment demonstrates the Department of Justice’s dedication to independence and accountability.

This appointment makes Weiss the third special counsel appointed since Garland took office in March 2021, joining Jack Smith, who oversees investigations into former President Donald J. Trump, and Robert K. Hur, who examines President Biden’s retention of sensitive documents from his time as vice president. This development means that both Trump and Hunter Biden’s cases will continue to hang over their respective campaigns.

In his new role, Weiss intends to remain the top prosecutor in Delaware but may hire additional staff in Delaware, Washington, and other jurisdictions. As special counsel, he will not be subject to day-to-day supervision by any Department of Justice official but will be required to inform Garland and his team of major developments and decisions in the matter. Weiss will also submit a comprehensive report of his findings to Garland, who intends to release as much of the document as possible within department policy.

The announcement on Friday ensures that the investigation into Hunter Biden’s conduct, including his foreign business dealings, drug use, and taxes, will continue even longer. This decision is likely to anger President Biden and Democrats who have privately criticized Garland, accusing him of moving too slowly to investigate Trump’s attempts to overturn the 2020 election and questioning the appointment of a different special counsel to examine the mishandling of classified documents by President Biden.