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FLASHBACK: Biden AG Says No Need for Hunter Biden Special Counsel Weeks Before Appointing One

August 15, 2023

Attorney General Merrick Garland last week appointed U.S. attorney David Weiss to serve as special counsel in the investigation into Hunter Biden, declaring it was in the "public interest" for Weiss to assume the role. Just weeks earlier, however, Garland said there was no need to appoint a special counsel because Weiss already had complete authority and independence in the case.

"Weiss had, in fact, more authority than a special counsel would have had," Garland said during a June press conference, explaining why he had not appointed a special counsel. "He had and has complete authority ... to bring a case anywhere he wants, in his discretion."

That explanation stood in contrast with Garland's remarks on Friday, when he said he made the appointment after Weiss said "his investigation had reached a stage at which he should continue his work as a special counsel."

Weiss's appointment as special counsel signaled that the Justice Department could bring new charges against the first son, who is under investigation for tax fraud and gun charges. But Republicans were skeptical that the investigation would be free of favoritism, particularly after Weiss negotiated a plea deal with Hunter Biden that would have seen him avoid prison time on two misdemeanor charges for failure to pay taxes. That plea deal fell apart last month after the judge in the case refused to accept it.

"David Weiss can't be trusted and this is just a new way to whitewash the Biden family's corruption," Republicans on the House Judiciary Committee said last week following Weiss's appointment. "Weiss has already signed off on a sweetheart plea deal that was so awful and unfair that a federal judge rejected it."