WASHINGTON − Attorney General Merrick Garland appointed a special counsel in the criminal investigation of Hunter Biden, signaling a wider probe of President Joe Biden's son ahead of the 2024 presidential election.
Garland announced Friday that he is elevating David Weiss, the U.S. attorney in Delaware who has led the Hunter Biden investigation for five years, to special counsel status.
Garland, delivering a surprise statement from the Justice Department headquarters, said Weiss informed him on Tuesday that "his investigation had reached a stage at which he should continue his work as a special counsel" and asked for the appointment.
"Upon considering his request, as well as the extraordinary circ*mstances relating to this matter, I have concluded that it is in the public interest to appoint him as special counsel," Garland said.
The move marks a significant turn in the Justice Department's ongoing investigation of Hunter Biden, whose plea deal with prosecutors to resolve tax evasion and gun charges unraveled in court last month.
Shortly after the special counsel appointment, prosecutors filed a motion stating that the two sides are at an "impasse" and that the government expects the matter to go to trial. The Justice Department is seeking to move the case to either a federal court in Washington or California, which prosecutors argue would be the appropriate venues for the alleged crimes.
Chris Clark, Hunter Biden's attorney, said the special counsel designation "doesn’t change our understanding of Mr. Weiss’ authority over the 5-year investigation into Mr. Biden."
"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," Clark said. "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.”
As special counsel, Weiss will have the authority to bring charges in any federal court he chooses.
A federal judge in Delaware last month would not accept a plea deal between Hunter Biden and prosecutors after the judge raised concerns about the terms of the agreement including assurance Hunter Biden's legal team sought for immunity from any future criminal charges.
Hunter Biden's last court appearance ended with him pleading not guilty to two misdemeanor charges for failing to pay his taxes in 2017 and 2018, when he received more than $1.5 million each year. The plea deal also covered a gun charge and would have allowed him to enter a pretrial diversion program that could eventually wipe the charge off the record.
The White House declined to comment on the appointment of a special counsel.
Weiss' special counsel designation comes as House Republicans have accelerated their wide-ranging investigation into Hunter Biden's foreign business dealings while he was chairman of the Ukrainian energy firm Burisma.
Republicans have tried to tied Hunter Biden's business activity to actions from then-Vice President Joe Biden, pointing to recent testimony from Devon Archer, a business associate of Hunter, before the House Oversight Committee that Hunter Biden put his father on the speakerphone 20 times with his business partners present. But Archer said business was never discussed, and Republicans have yet to present evidence supporting their claims that Joe Biden accepted bribery payments.
Rep. James Comer, R-Ky., chairman of the Oversight Committee, slammed Garland's appointment of a special counsel, saying it is "part of the Justice Department’s efforts to attempt a Biden family coverup" after his committee's "mounting evidence" he claims implicated Joe Biden.
“Let’s be clear what today’s move is really about," Comer added. "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."
The campaign of former President Donald Trump, the frontrunner for the 2024 Republican nomination, had a similar take.
“The fix is in,” Trump campaign spokeswoman Karoline Leavitt said. “David Weiss cut Hunter Biden an unprecedented plea deal that attempted to give Joe Biden's corrupt son blanket immunity. Now, Merrick Garland expects us to trust Weiss to be the Special Counsel that finally brings Hunter Biden to justice.”
Gary Shapley, an FBI agent who supervised the Hunter Biden investigation, told the House Ways and Means Committee last month that the Justice Department had denied earlier requests from Weiss for a special counsel. The Justice Department disputes that account. Garland said Weiss in a July letter to Congress said he had not sought a special counsel designation to that point.
The Justice Department is facing unprecedented scrutiny from Republicans as Special Counsel Jack Smith pursues criminal charges against Trump in separate cases involving Trump’s efforts to overturn the 2020 election and failure to return classified documents after he left the White House.
Garland in January also appointed a special counsel, Robert Hur, to investigate classified documents found in Biden’s home in Delaware and personal office in Washington. The investigation is ongoing.
As special counsel, Weiss, a Trump appointee, will not be subject to day-to-day supervision by anyone in the Justice Department, Garland said. Weiss will remain the U.S. Attorney for the District of Delaware.
Garland said the special counsel appointment confirms his commitment to "provide Mr. Weiss all the resources he requests." He said it also "reaffirms that Mr. Weiss has the authority he needs" to conduct a thorough investigation and continue to "take the steps he deems appropriate independently based only on the facts and the law."
Following the special counsel's investigation, Garland said Weiss will provide him a report detailing decisions on whether to prosecute. Garland said the Justice Department will "make as much of his report public as possible."
"The appointment of Mr. Weiss reinforces for the American people the department's commitment to both independence and accountability in particularly sensitive matters," Garland said.
Contributing: USA TODAY White House correspondent Francesca Chambers. Reach Joey Garrison on X @joeygarrison.
