Washington Examiner

FBI agent’s testimony confirms limits to David Weiss’s authority in Hunter Biden investigation.

A Second‍ FBI Official Testifies About ‍Challenges in Charging Hunter Biden

A second FBI official who appeared before the House Judiciary Committee on Monday testified that now-special counsel David Weiss had ‌to go through “other processes” ‌to charge Hunter ⁤Biden after U.S. attorneys in Washington, D.C., and ‌California allegedly blocked him from bringing charges against‍ Biden last year.

The revelation came in a 180-page transcript, obtained by the Washington ⁢Examiner, of an interview the committee conducted with an assistant special agent​ in charge at the Baltimore Field Office. The agent was accompanied during the interview by a Department of Justice lawyer and an FBI lawyer, according to the transcript.

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Asked by committee staff about Weiss’s charging authority at the time⁣ of a key Oct. 7, 2022, meeting, the agent said, “I’m aware‌ that obviously charging discussions were happening, and, yes, ⁤there was a difference in the venue for some of those ‍charges.”

“I ⁢remember learning at ⁤some point in the investigation that Mr. Weiss would have to go through his⁤ other processes because the ⁤U.S. ‍Attorney’s ⁤Offices had, I guess, ‍in that sense, using ⁢that terminology,⁢ wasn’t going to partner,” she said in reference to ⁤the Washington, D.C., and ​central California offices.

The agent works in the Baltimore Field Office under​ FBI Special Agent in Charge Thomas Sobocinksi, who testified to the committee last week on the same topic. The ⁣Washington Examiner was asked to withhold her name for this⁣ story after she conveyed in her⁣ testimony that an agent⁢ had received “concerning” contact from people after the⁤ agent’s name was made public.

Sobocinski‌ testified ⁢that Weiss seemed to have all of the charging authority he needed, but then, similar to the other agent, he added⁣ that Weiss would ⁢have to go through an “administrative process,”⁣ which, he said, “definitely​ seemed very cumbersome.”

Weiss himself told Congress in June that he had always had the “ultimate authority” on⁢ “where, when, and whether to file charges” in the case, but⁢ he later added ⁢that he was “geographically limited” to Delaware but could at any time request “special attorney” status to bring charges in ⁢an outside jurisdiction.

The assistant special ‌agent in charge was also asked about some of the allegations that ⁣a pair of ‍IRS criminal investigators-turned-whistleblowers made about Weiss’s authority and ‌other aspects of the ‍Hunter Biden case in testimonies in ‌May. While she said she did​ not have all the “same recollection[s]” as the IRS officials, she also did not have any concerns with the veracity of their statements when asked about it.

“I didn’t read [the testimony] in ⁢its entirety, but ​what ‍I — what I remember of what I ⁣did see, not that anything was untrue, just that I didn’t have the same recollection of ​everything or the same understanding,” she said.

Her and Sobocinski’s⁢ testimonies ‌come amid House Speaker Kevin McCarthy (R-CA) launching an impeachment inquiry into⁣ President ​Joe Biden based on allegations he ‌was inappropriately involved with his son’s business dealings while serving as vice president. Republicans have not uncovered definitive evidence to prove the allegations are⁣ true at​ this stage.

Part ⁣of the GOP’s‌ inquiry involves investigating if Hunter Biden received “special treatment” during the DOJ’s yearslong investigation of him. The investigation culminated after ‌about five years in Weiss, the‍ case’s lead ⁣prosecutor, charging the younger Biden in June with two misdemeanor tax‌ charges and a felony gun charge,⁢ which Republicans found to be deeply inadequate.

The IRS whistleblowers’ testimony supercharged the DOJ component of ‌Republicans’ ​inquiry when⁤ they testified ‌that‍ DOJ⁣ had “slow-walked”⁢ its investigation of Hunter ​Biden and allowed statutes of limitations ​to ​run out on some tax charges.

Gary Shapley, one of the whistleblowers, said ‌the controversial meeting he attended on Oct. 7 was a‌ “red-line⁣ meeting” for him‍ and that Weiss revealed ​at it that he​ had requested special ⁢counsel authority from DOJ but was⁣ denied it.

Weiss also indicated at the meeting ⁣that he had been blocked by U.S.⁣ attorneys from bringing charges in Washington, D.C., and California, Shapley said.

Weiss, ‌for his part, was granted special counsel status by Attorney General Merrick Garland in ⁤August ​after‍ a plea deal for the three charges he brought against Hunter Biden fell apart.⁤ Prior to August, Weiss had never requested special counsel ⁣status and only had “discussions” about his authority with‍ DOJ, according to a letter he wrote to Sen. ⁣Lindsey Graham (R-SC) in July.

DOJ pointed to Weiss’s comments in that letter when asked for comment ⁢on the new FBI ⁤testimonies.

On the issue of the venues ⁣outside Delaware, the FBI assistant special agent said she had more awareness ‌about California than Washington, D.C.,‌ and she confirmed that U.S. Attorney Martin Estrada of California declined to bring charges against ​Hunter Biden.

Asked what would happen next because of Estrada’s decision, she said, “My understanding is ​that ‌— and, ⁤again, I don’t — I don’t know the specifics but that Mr. Weiss could — and I could be incorrect in the terminology, but basically be like a special​ — special​ counsel, special AUSA [assistant U.S. attorney] ⁢ — ​I’m sorry, not special counsel but like a special AUSA, partnering​ AUSA, in an attorney’s office that is outside of his own. So, again, there had been a process. He would still have the authority to do so. It’s just that now, he would do it differently.”

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The agent also consistently maintained that communication was an issue in the case, but was stopped ⁤by ‍the attorneys at ​times ‍as they cited DOJ’s longstanding policy of not divulging information ⁣about ongoing investigations.

Asked, for instance, if ​she ⁣was aware of⁢ any tensions between investigators and Assistant ‌U.S. ​Attorney ‌Lesley Wolf, an attorney interjected, ‌”She can​ answer‍ that to the extent there’s sort of a general response to the existence of tensions, but to the extent it gets into specific investigative steps, ‌she’s not⁢ authorized to get into that.”



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