Attorney General Merrick Garland told a reporter this week that the prosecuting US attorney in the Biden case, David Weiss, had full authority to prosecute Hunter Biden in any district he wanted.
Garland made that statement under oath before Congress.
Yet, David Weiss told six witnesses, including the whistleblower, that he did not have the authority to charge Hunter Biden in other districts and asked for special counsel status, which was denied.
THIS IS THE EXCHANGE
Reporter: Special Agent said he was in a meeting with David Weiss, who in October 2022 claimed in front of multiple people that he was told not to pursue the Hunter Biden investigation and not to bring charges in 2022.
You’ve said previously you’ve stayed out of the Hunter Biden investigation. It’s been on David Weiss to figure that out. Can you once and for all shed a little light? There seems to be a little confusion on what’s going on here.
Garland: I’d be happy to. As I said at the outset, Mr. Weiss, who was appointed by President Trump as the US attorney in Delaware and assigned this matter during the previous administration, would be permitted to continue his investigation and to make a decision to prosecute any way in which he wanted to and in any district in which he wanted to.
Mr. Weiss has since sent a letter to the House Judiciary Committee confirming that he had that authority. I don’t know how it would be possible for anybody to block him from bringing a prosecution, given that he has this authority.
Reporter: And he was never told ‘no’?
Garland: I’d say he was given complete authority to make all decisions on his own.
ATTORNEYS FOR GARY SHAPLEY RESPOND
Mark D. Lytle Jason Foster and Tristan Leavitt
Nixon Peabody LLP Empower Oversight
In an October 7, 2022, meeting at the Delaware U.S. Attorney’s Office, U.S. Attorney David Weiss told six witnesses he did not have authority to charge in other districts and had thus requested special counsel status.
Those six witnesses include Baltimore FBI Special Agent in Charge Tom Sobocinski and Assistant Special Agent in Charge Ryeshia Holley, IRS Assistant Special Agent in Charge Gary Shapley, and Special Agent in Charge Darrell Waldon, who also independently and contemporaneously corroborated Mr. Shapley’s account in an email, now public as Exhibit 10, following p. 148 of his testimony transcript.
Mr. Shapley would have no insight into why Mr. Weiss would make these statements at the October 7, 2022, meeting if they were false. That Mr. Weiss made these statements is easily corroborated, and it is up to him and the Justice Department to reconcile the evidence of his October 7, 2022 statements with contrary statements by Mr. Weiss and the Attorney General to Congress.