Hunter Biden is facing a criminal investigation into his tax affairs that has been ongoing since 2019.
The U.S. attorney in charge of the probe, David Weiss, has been appointed as a special counsel by Attorney General Merrick Garland on Friday.
Weiss asked for the appointment earlier this week, saying that his investigation has reached a stage where he needs to continue as a special counsel.
Weiss, who was appointed by Trump and kept by Biden, has been looking into Hunter Biden and “others” for several years, according to the order of appointment. The order authorizes him to “conduct the ongoing investigation described above, as well as any matters that arose from that investigation or may arise.” It also gives him the power to “prosecute federal crimes in any federal judicial district arising from the investigation of these matters.”
The 67-year-old will produce a report at the end of his investigation, which Garland said he would make public in accordance with the law and Justice Department policy.
Hunter’s lawyer, Chris Clark, said in a statement that this appointment does not change their understanding of Weiss’ authority. He said they have been assured by Weiss and the Department that Weiss had more authority than a special counsel and full authority to negotiate a resolution of his investigation, which has been done.
“For years, both Mr. Weiss and the Department have assured us and the public that Mr. Weiss had more authority than a special counsel and full authority to negotiate a resolution of his investigation – which has been done. Whether in Delaware, Washington, D.C. or anywhere else, we expect a fair resolution not infected by politics and we’ll do what is necessary on behalf of Mr. Biden to achieve that,” Clark said.
The 53-year-old Biden had reached a tentative plea deal with Weiss, but it fell apart recently after a federal judge in Delaware questioned it. The judge asked both sides to submit more briefs and explain why the deal does not grant broad immunity to Biden for his business dealings. Hunter Biden then pleaded not guilty to two misdemeanor charges related to his tax filings.
On Friday, the prosecutor in the case said that the parties are at an impasse on the plea deal and that a trial is necessary, according to a court filing.
“Following additional negotiations after the hearing held on July 26, 2023, the parties are at an impasse and are not in agreement on either a plea agreement or a diversion agreement,” the Justice Department said in the filing.
It said prosecutors asked for Biden’s position on Aug. 9 and wanted it by Aug. 11. Biden’s lawyers asked for more time until Aug. 14, but the government declined. Biden had not yet given his position, the filing said.
“As a result, the Government respectfully requests that the Court vacate its briefing order since there is no longer a plea agreement or diversion agreement for the Court to consider,” the filing said.
The judge in the case ordered Hunter Biden’s lawyers to respond by noon on Monday, Aug. 14.
The first son has admitted to two tax crimes and avoided prosecution for a gun offense as part of a plea deal with federal prosecutors. The deal was announced by David Weiss, the U.S. attorney for Delaware who was appointed by former President Donald Trump and will continue his investigation as a special counsel.
According to Weiss, Hunter Biden failed to pay more than $100,000 in federal income taxes in 2017 and 2018, despite earning millions of dollars from foreign business deals. He also illegally possessed a firearm in 2018 while being addicted to a controlled substance, Weiss said.
Hunter Biden faced up to 22 years in prison for the three charges, but he agreed to plead guilty to the tax crimes and enter a pretrial diversion program for the gun offense, which will allow him to avoid a criminal record if he complies with certain conditions. A source familiar with the deal said the Justice Department would recommend probation for the tax crimes, but the final sentence would be decided by a judge.
The plea deal sparked criticism from Republicans, who accused the Justice Department of giving preferential treatment to Hunter Biden and covering up his alleged corruption. They also claimed that the appointment of Weiss as a special counsel was a ploy to shield Hunter Biden from congressional scrutiny and public accountability.
Rep. James Comer, R-Ky., the chairman of the House Oversight Committee, which is probing Hunter Biden’s foreign business dealings, said: “Let’s be clear what today’s move is really about. The Biden Justice Department is trying to stonewall congressional oversight as we have presented evidence to the American people about the Biden family’s corruption.”
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However, Senator Richard Durbin, D-Ill., the leader of the Judiciary Committee, praised Weiss as a distinguished prosecutor and expressed confidence in his independence and professionalism.
Durbin said, “U.S. Attorney David Weiss is a distinguished prosecutor, and I trust that the Justice Department’s professional, nonpartisan approach will carry on as the Special Counsel continues his investigation.”
