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Special counsel in Hunter Biden case insists he was the ‘decision-maker’ in rare testimony

The prosecutor overseeing the Hunter Biden investigation testified Tuesday that he had the ultimate authority in the yearslong case as he made an unprecedented appearance before Congress to rebut Republicans’ explosive claims that the probe has been plagued with interference.

Quick Read

  • Special Counsel Testimony: David Weiss, the prosecutor in the Hunter Biden investigation, testifies before Congress, marking the first instance of a special counsel doing so during an active investigation.
  • Weiss’s Authority Confirmed: Weiss asserts he is the decision-maker in the Hunter Biden case, operating within Justice Department guidelines without interference.
  • Republican Pressure: The testimony occurs amid Republican efforts to investigate President Joe Biden and his family, with implications for potential impeachment inquiries.
  • Investigation Integrity: Weiss upholds the integrity of the investigation, refuting claims of obstruction or interference from within the Justice Department.
  • Lawmaker Reactions: Some Republicans find the session unfruitful due to Weiss’s adherence to guidelines restricting discussion of an ongoing probe, while Democrats criticize the hearing as an improper intervention.
  • Justice Department’s Stance: The department’s allowance of Weiss’s testimony reflects the seriousness with which it treats allegations of interference in the investigation.
  • Negotiated Appearance: Weiss agreed to testify after negotiations and subpoena efforts by Judiciary Committee Republicans, insisting on a public hearing to address accusations directly.
  • IRS Agent’s Claims: An IRS agent alleges that the investigation under Weiss was mishandled, a claim Weiss denies, emphasizing that political factors did not influence case decisions.
  • Special Counsel Status: Weiss did not feel compelled to request special counsel status until August, which was then swiftly approved by Attorney General Merrick Garland.
  • Investigation’s Future: At the investigation’s conclusion, Weiss will prepare a report expected to be made public.
  • Other Testimonies: U.S. attorneys from other districts testify they did not hinder Weiss’s investigation, despite not collaborating with him.
  • IRS Whistleblower’s Allegations: The whistleblower maintains that the issues in the Hunter Biden case reflect a broader pattern of misconduct, contrary to the claims of Weiss and other officials.
  • Impeachment Inquiry Context: The probe into Hunter Biden’s business activities is part of a larger Republican-led impeachment inquiry against President Biden.

The Associated Press has the story:

Special counsel in Hunter Biden case insists he was the ‘decision-maker’ in rare testimony

Newslooks- WASHINGTON (AP)

The prosecutor overseeing the Hunter Biden investigation testified Tuesday that he had the ultimate authority in the yearslong case as he made an unprecedented appearance before Congress to rebut Republicans’ explosive claims that the probe has been plagued with interference.

FILE – U.S. Attorney David Weiss speaks during a press conference on May 3, 2018, at his district office in Wilmington, Del. The special counsel overseeing the Hunter Biden investigation is expected to testify before a Congressional committee behind closed doors as a GOP probe into the Justice Department’s handling of the case continues to unfold. In a rare step, David Weiss is set to appear for a transcribed interview before members of the House Judiciary Committee on Nov. 7, 2023, sources told The Associated Press Friday on the condition of anonymity to discuss the closed-door appearance. (Suchat Pederson/The News Journal via AP, File)

David Weiss’ interview with the House Judiciary Committee marked the first time a special counsel has ever testified to lawmakers in the middle of a probe. He agreed to the unusual appearance under heavy pressure from House Republicans, who are looking to ramp up their impeachment inquiry into President Joe Biden and his family.

U.S. Attorney David Weiss, arrives for an interview before members of the House Judiciary Committee, Tuesday, Nov. 7, 2023, in Washington. The special counsel overseeing the Hunter Biden investigation is testifying behind closed doors as a GOP probe into the Justice Department’s handling of the case continues to unfold. (AP Photo/Jose Luis Magana)

In his opening statement, Weiss told lawmakers he would not answer questions that could jeopardize the investigation and would only talk about the scope of his authority. “I am, and have been, the decision-maker on this case,” he told lawmakers. “I do not, however, make these decisions in a vacuum.”

He acknowledged being required to follow Justice Department guidelines and processes as well as federal law as he carried out his investigation. But those requirements “did not interfere with my decision-making authority,” he said.

No one at the Justice Department, including U.S. attorneys or the tax division, blocked or prevented him from pursuing charges or taking other necessary steps in the investigation, Weiss said.

Lawmakers leaving the interview with Weiss described it as “tedious” and “a waste of time” as the federal prosecutor was bound by Justice Department rules that limit his ability to talk about an ongoing investigation.

Rep. Matt Gaetz, R-Fla., speaks with reporters after hearing from U.S. Attorney David Weiss in a transcribed interview before members of the House Judiciary Committee, Tuesday, Nov. 7, 2023, in Washington. The special counsel overseeing the Hunter Biden investigation is testifying behind closed doors as a GOP probe into the Justice Department’s handling of the case continues to unfold. (AP Photo/Alex Brandon)

“Mr. Weiss was here in incarnate, but not particularly in spirit,” Rep. Matt Gaetz, R-Fla., said during a lunch break. He added that any questions Republicans had about the investigation, Weiss would “demure and say that it was just part of his deliberative process.”

Democrats accused Republicans of trying to interfere with the Hunter Biden investigation by bringing Weiss in to testify.

Rep. Daniel Goldman, D-N.Y., speaks with reporters after hearing from U.S. Attorney David Weiss in an interview before members of the House Judiciary Committee, Tuesday, Nov. 7, 2023, in Washington. The special counsel overseeing the Hunter Biden investigation is testifying behind closed doors as a GOP probe into the Justice Department’s handling of the case continues to unfold. (AP Photo/Alex Brandon)

“This is unprecedented. You never interrupt a prosecution with congressional hearings. This is the first time it’s ever happened,” Rep. Glenn Ivey, D-Md., said after leaving the interview. “And the fact that he can’t answer your questions is an obvious byproduct of that because he doesn’t want to do anything or say anything that will disrupt a criminal prosecution.”

The rare move by the Justice Department to allow Weiss’ testimony before the conclusion of an investigation indicates just how seriously the department is taking accusations of interference.

The interview came after months of back-and-forth negotiations between Republicans on the Judiciary Committee and the Justice Department after lawmakers subpoenaed several investigators and attorneys involved in the Hunter Biden case.

In July, Weiss, looking to correct the record of what he and the department see as a misrepresentation of the investigation, agreed to come to Capitol Hill but only if he was able to testify in a public hearing where he could directly respond to claims of wrongdoing by Republicans.

Rep. Mary Gay Scanlon, D-Pa., speaks with reporters after hearing from U.S. Attorney David Weiss in a transcribed interview before members of the House Judiciary Committee, Tuesday, Nov. 7, 2023, in Washington. The special counsel overseeing the Hunter Biden investigation is testifying behind closed doors as a GOP probe into the Justice Department’s handling of the case continues to unfold. (AP Photo/Alex Brandon)

The Justice Department remained willing to have Weiss testify publicly even after the implosion of a plea agreement with Hunter Biden that could have effectively closed the case, but said he couldn’t make more than one appearance in the near term. The two parties ultimately agreed on a closed-door interview with both Democratic and Republican members and their respective staff.

Rep. Daniel Goldman, D-N.Y., speaks with reporters after hearing from U.S. Attorney David Weiss in an interview before members of the House Judiciary Committee, Tuesday, Nov. 7, 2023, in Washington. The special counsel overseeing the Hunter Biden investigation is testifying behind closed doors as a GOP probe into the Justice Department’s handling of the case continues to unfold. (AP Photo/Alex Brandon)

The interview on Tuesday focused on testimony from an Internal Revenue Service agent who claimed that under Weiss, the investigation into the president’s son was “slow-walked” and mishandled. Weiss, who was originally appointed by then-President Donald Trump, has denied one of the more explosive allegations by saying in writing that he had the final say over the case.

Rep. Jerry Nadler, D-N.Y., arrives to hear for U.S. Attorney David Weiss in an interview before members of the House Judiciary Committee, Tuesday, Nov. 7, 2023, in Washington. The special counsel overseeing the Hunter Biden investigation is testifying behind closed doors as a GOP probe into the Justice Department’s handling of the case continues to unfold. (AP Photo/Alex Brandon)

And he did so again behind closed doors on Tuesday when he denied bowing to political pressure in the five-year-long investigation, saying the decisions have been based on “the facts and the law.”

“Political considerations played no part in our decision-making,” he said.

Rep. Matt Gaetz, R-Fla., right, arrives to hear for U.S. Attorney David Weiss in a transcribed interview before members of the House Judiciary Committee, Tuesday, Nov. 7, 2023, in Washington. The special counsel overseeing the Hunter Biden investigation is testifying behind closed doors as a GOP probe into the Justice Department’s handling of the case continues to unfold. (AP Photo/Alex Brandon)

Weiss added that he did not feel the need to request special counsel status until August and when he did it was quickly granted by Attorney General Merrick Garland. Like other special counsels, he will prepare a report at the end of his investigation that’s expected to be publicly released.

Two other U.S. attorneys from Washington and California testified in recent weeks that they didn’t block Weiss from filing charges in their districts, though they declined to partner with him on it.

Rep. Jim Jordan, R-Ohio, arrives to hear for U.S. Attorney David Weiss in an interview before members of the House Judiciary Committee, Tuesday, Nov. 7, 2023, in Washington. The special counsel overseeing the Hunter Biden investigation is testifying behind closed doors as a GOP probe into the Justice Department’s handling of the case continues to unfold. (AP Photo/Alex Brandon)

But the IRS whistleblower, who testified publicly over the summer, insists his testimony reflects a pattern of interference and preferential treatment in the Hunter Biden case and not just disagreement with their superiors about what investigative steps to take.

Rep. Victoria Spartz, R-Ind., arrives to hear from U.S. Attorney David Weiss in an interview before members of the House Judiciary Committee, Tuesday, Nov. 7, 2023, in Washington. The special counsel overseeing the Hunter Biden investigation is testifying behind closed doors as a GOP probe into the Justice Department’s handling of the case continues to unfold. (AP Photo/Alex Brandon)

Questions about Hunter Biden’s business dealings overall have been central to a GOP-led impeachment inquiry into the president. That’s been led in part by Judiciary Committee Chairman Jim Jordan, who had a prominent role in the questioning Tuesday.

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