Hunter Biden probe whistleblower Gary Shapley’s legal team released a letter over the weekend revealing the names of three other witnesses who allegedly also heard U.S. Attorney for Delaware David Weiss say he did not have authority to charge in other districts and had requested special counsel status.
The IRS supervisory special agent’s team wrote in a June 24, 2023, letter:
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’s 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.
The letter was signed by Mark D. Lytle with Nixon Peabody LLP, and Jason Foster and Tristan Leavitt with Empower Oversight.
The letter came after the House Ways and Means Committee last week released transcripts of IRS whistleblower interviews, which included shocking allegations from Shapley.
Shapley told congressional investigators, according to the transcript;
From March 2022 through October 7th, 2022, I was under the impression that, based on AG Garland’s testimony before Congress and statements by U.S. Attorney Weiss and prosecutors, that they were still deciding whether to charge 2014 and 2015 tax violations.
However, I would later be told by United States Attorney Weiss that the D.C. U.S. Attorney would not allow U.S. Attorney Weiss to charge those years in his district. This resulted in United States Attorney Weiss requesting special counsel authority from Main DOJ to charge in the District of Columbia. I don’t know if he asked before or after the Attorney General’s April 26th, 2022, statement, but Weiss said his request for that authority was denied and that he was told to follow DOJ’s process.
That process meant no charges would ever be brought in the District of Columbia, where the statute of limitations on the 2014 and ’15 charges would eventually expire. The years in question included foreign income from Burisma and a scheme to evade his income taxes through a partnership with a convicted felon. There were also potential FARA issues relating to 2014 and 2015. The purposeful exclusion of the 2014 and 2015 years sanitized the most substantive criminal conduct and concealed material facts.
House Speaker Kevin McCarthy (CA) tweeted after the letter was released that if Shapley’s allegations are true, they would be a “significant part” of a larger impeachment inquiry into Garland. McCarthy tweeted:
We need to get to the facts, and that includes reconciling these clear disparities. U.S. Attorney David Weiss must provide answers to the House Judiciary Committee. If the whistleblowers’ allegations are true, this will be a significant part of a larger impeachment inquiry into Merrick Garland’s weaponization of DOJ.
Attorney General Merrick Garland on Friday denied that Weiss, who was investigating Hunter Biden, had ever asked for special counsel authority to investigate Hunter Biden.
“He was never told no. I’m saying, he was given complete authority to make all decisions on his own,” Garland said.
“I don’t know how it would be possible for anybody to block him from bringing a prosecution given that he has this authority. He was never told no. I’m saying he was given complete authority to make all decisions on his own,” he continued.
“The only person with authority to make somebody a special counsel or refuse to make somebody a special counsel is the Attorney General. Mr. Weiss never made that request to me.”
Asked by a reporter why he did not appoint a special counsel, Garland did not directly answer the question.
“Weiss had, in fact, more authority than a special counsel would have had — he had and he has complete authority as I said, to bring a case anywhere he wants in his discretion,” he said.
Garland also said he supported Weiss testifying on the IRS whistleblowers’ allegations.
“I would support Mr. Weiss explaining or testifying on these matters when he deems appropriate,” he said.
House Ways and Means Republicans released the transcripts on Thursday, days after Hunter Biden agreed to a plea deal where he plead guilty to two federal tax violations and one gun violation but avoided any jail time.
It is unclear whether the plea deal includes the myriad other allegations of criminal wrongdoing by Hunter and other family members — perhaps even then-Vice President Joe Biden — involving business endeavors with foreign partners.
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