Speaker of the House Kevin McCarthy (R-CA) called on Delaware U.S. Attorney David Weiss to testify before the House Judiciary Committee on allegations made by an IRS whistleblower that Weiss told a meeting of investigators that he was being blocked from pursuing charges in the Hunter Biden investigation. McCarthy said if the allegations are proven true they will be part of an impeachment inquiry into Attorney General Merrick Garland’s “weaponization of DOJ” (The Department of Justice.)
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The whistleblower, Gary Shapley, memorialized the staff meeting with Weiss in an email and gave the names of those in the meeting to House Way and Means Committee investigators.
Weiss and Attorney General Merrick Garland have denied that Weiss was blocked from pursuing charges against Hunter Biden and that Weiss asked to be appointed special counsel. Garland reiterated his denial at a Justice Department press briefing at noon Friday.
Garland responds to the IRS whistleblower who said U.S. Attorney David Weiss was told not to bring charges against Hunter Biden:
“I don’t know how it would be possible for anybody to block him from bringing a prosecution.” pic.twitter.com/jz80vl9Id6
— Greg Price (@greg_price11) June 23, 2023
McCarthy’s statement: ” 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.”
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… https://t.co/Q3LLeJhW85
— Kevin McCarthy (@SpeakerMcCarthy) June 25, 2023
McCarthy was responding to a statement by Shapley’s attorneys that was released Friday afternoon within hours of Garland’s comments at the Justice Department press briefing that named those in the meeting with Weiss after Garland told reporters he had given Weiss full authority to bring charges against Hunter Biden in whichever jurisdiction he desired.
Statement from IRS Agent Gary Shapley’s legal team
June 23, 2023
“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.” – Mark D. Lytle, Nixon Peabody LLP & Jason Foster and Tristan Leavitt, Empower Oversight
Statement from IRS Agent Gary Shapley’s legal team: “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… pic.twitter.com/hMKhCQfDo6
— Empower Oversight (@EMPOWR_us) June 23, 2023
Jason Foster, one of Shapley’s attorneys, responded to McCarthy Sunday afternoon, “No “if” needed. Gary Shapley provided documents to support his testimony. @TheJusticeDept, @JusticeOIG, the IRS, and its IG have much more corroboration in their files. Gary told the truth, it’s verifiable, and no one has offered a shred of evidence contradicting any of it.’
Gary told the truth, it’s verifiable, and no one has offered a shred of evidence contradicting any of it. https://t.co/T7y30fNaOk
— Jason Foster (@JsnFostr) June 25, 2023
On Friday, Foster posted the Exhibit 10 email dated October 7, 2022 that included corroboration by Shapley’s boss (on October 11) who also attended the meeting, “Big problem for @TheJusticeDept: its “Weiss was the decider” talking point is merely a bald assertion. But, Gary Shapley and his supervisor both confirmed in a now-public email at the time that Weiss told 7 senior officials he was *not* the decider. Email below…See bold/underline: “Weiss stated that he is not the deciding person on whether charges are filed.”
See bold/underline: “Weiss stated that he is not the deciding person on whether charges are filed.” pic.twitter.com/NK0nE5KGwU
— Jason Foster (@JsnFostr) June 23, 2023
Excerpt from Weiss’ letter to House Judiciary Committee Chairman Jim Jordan (R-OH) dated June 7, 2023 (via Axios):
Dear Chairman Jordan:
Your May 25th letter to Attorney General Garland was forwarded to me, with a request that I respond on behalf of the Department. While your letter does not specify by name the ongoing investigation that is the subject of the Committee’s oversight, its content suggests your inquiry is related to an investigation in my District. If my assumption is correct, 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.
…In February 2021, I was asked to remain as United States Attorney for the District of Delaware to continue my oversight of the matter. Since that time, I have fulfilled my responsibilities, consistent with Department practices and procedures, and will continue to do so. Throughout my tenure as U.S. Attorney my decisions have been made– and with respect to the matter must be made– without reference to political considerations.