Posted by Curt on 5 July, 2023 at 10:21 am. 4 comments already!



A new letter sent by Delaware U.S. Attorney David Weiss to the House Judiciary Committee suggests Attorney General Merrick Garland lied to Congress when he testified that Weiss “has full authority” to charge Hunter Biden in “other jurisdictions.” Whether Garland committed perjury will all come down to the meaning of the word “has.”

Late Friday, just as Americans unplugged for the long Independence Day weekend, Weiss confirmed he didn’t really have “ultimate authority” over the Hunter Biden criminal investigation. In his letter, Weiss gave away the deceptive word game he has been playing with Congress — and Garland has been playing with America. More significantly, the letter suggests Biden’s attorney general lied to Congress and that everything the IRS whistleblower has said is true.

What the Whistleblower Said

Weiss’s letter followed the House Ways and Means Committee’s release of IRS Criminal Supervisory Special Agent Gary Shapley’s testimony and related exhibits concerning the Hunter Biden investigation headed out of the Delaware U.S. attorney’s office. The transcript of Shapley’s May 26, 2023, closed-door testimony revealed the IRS agent had told the House committee that during an Oct. 7, 2022 meeting between Weiss and senior-level managers, Weiss allegedly said, “I am not the deciding person on whether charges are filed.”

According to Shapley’s testimony, Weiss then explained that the Biden-appointed U.S. attorney for the District of Columbia, Matthew Graves, refused to allow Weiss to charge Hunter Biden in the D.C. district — the necessary venue for certain charges based on Hunter Biden’s residency during the relevant time. Shapley noted, “Weiss stated that he subsequently asked for special counsel authority from Main DOJ at that time and was denied that authority.” “Instead,” Shapley recounted, Weiss “was told to follow the process,” which sent Weiss through another Biden-appointed U.S. attorney, for other potential criminal charges based in California.

Without the cooperation of Biden-appointed U.S. attorneys, Shapley told the House committee, Weiss was unable to bring charges outside his Delaware district. And Weiss’s lack of authority led to the statute of limitations expiring on felony tax charges against the president’s son for the 2014 and 2015 tax years.

To corroborate his testimony, Shapley provided the House Ways and Means Committee with an email he had sent a colleague soon after the meeting summarizing the key points. That Oct. 7 email recounted the details to which Shapley had testified and, significantly, Shapley copied the special agent in charge of the FBI D.C. field office, Darrell J. Waldon, who had also attended the Oct. 7 meeting. Waldon would then reply to Shapley’s email summary, “Thanks Gary. You covered it all,” indicating Shapley had accurately recounted Weiss’s representation that he is “not the deciding person on whether charges are filed.”

The release of Shapley’s testimony and the collaborating email was huge because it indicated both Weiss and Garland had deceived Congress. Weiss for his part had sent a letter to the House Judiciary Committee on June 7, 2023, stating:

I want to make clear that, as the Attorney General has stated, I have been granted ultimate authority over this matter, including responsibility for deciding where, when, and whether to file charges and for making decisions necessary to preserve the integrity of the prosecution, consistent with federal law, the Principles of Federal Prosecution, and Departmental regulations.

Weiss’s Friday letter was in response to questions House Judiciary Chair Jim Jordan posed to the Delaware U.S. attorney about his claim “to have been granted ultimate authority” over the Hunter Biden investigation.

In his pre-Fourth of July weekend epistle, the Delaware U.S. attorney said he stood by what he wrote in the June 7, 2023 letter. He added, however, that he wished to expand on what he meant. Weiss then acknowledged that as the U.S. attorney for the District of Delaware, his charging authority is geographically limited to his home district.

“If venue for a case lies elsewhere, common Departmental practice is to contact the United States Attorney’s Office for the district in question and determine whether it wants to partner on the case,” the letter noted. “If not, I may request Special Attorney status from the Attorney General pursuant to 28 U.S.C. § 515.” Weiss concluded by stressing that he had “been assured that, if necessary after the above process,” he “would be granted § 515 Authority in the District of Columbia, the Central District of California, or any other district where charges could be brought in this matter.

There was no reason Weiss could not have provided this explanation earlier — or at least no good reason: The Delaware U.S. attorney clearly intended to convey to Congress the false impression that he had “ultimate authority” to charge Hunter Biden, which would in turn suggest the IRS whistleblower’s claims to the contrary were false.

But Weiss’s clarification confirms he lacked “ultimate authority,” which is entirely consistent with Shapley’s testimony. In fact, had Shapley falsely summarized the statements Weiss made during the Oct. 7, 2022 meeting, Weiss could have easily said so. That he didn’t speaks volumes.

Lies, Lies, Lies

While Weiss’s clarification from late last week is technically consistent with what he told Congress in his June 7, 2022 letter, the same cannot be said for Garland’s earlier testimony to the Senate Judiciary Committee.

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