Hunter Biden and the Special Counsel Conundrum

What was it the Democrats said ad nauseam during the four years Donald Trump was in the White House? No one is above the law – including the president. These days, though, it appears that no one is above the law except the president – and his son. In the case of Hunter Biden and his shady overseas deals, a new and even more incriminating revelation emerges almost daily. The latest of these concerns a federal prosecutor who allegedly told witnesses that he was not allowed to bring charges against the younger Biden anywhere outside of Delaware. This despite Attorney General Merrick Garland’s claim that said prosecutor, US Attorney David Weiss, had complete decision-making autonomy as he pursued his case against Biden. That restriction led Weiss to request special counsel status, which he was denied, according to what an IRS whistleblower told Congress. That last part seems almost irrelevant, though, because even a special counsel serves at the pleasure of the Justice Department – and Biden’s DOJ appears unlikely to sit idly by and watch Hunter Biden go to prison or allow his father’s name to be tarnished.

In October 2022, Weiss told six witnesses that DC US Attorney Matthew Graves, a Biden appointee, would not allow Weiss to file charges against Hunter Biden in Graves’ district. This is all according to testimony given to the House Ways and Means Committee by a whistleblower, IRS supervisory agent Gary Shapley, who was present when Weiss allegedly revealed what Graves had told him.

What this means, if true, is that Hunter Biden will not face charges related to “foreign income from Burisma [Holdings] and a scheme to evade his income taxes through a partnership with a convicted felon.”

DOJ Gives Hunter Biden a Pass?

Just like that, one of the most serious components of the Biden family bribery scandal has been taken off the table by the DOJ. A thorough criminal investigation into Hunter Biden’s connections to Burisma would surely have encompassed the allegation from an FBI source that the Ukrainian company had bribed Hunter and his father who, at the time, was vice president. As Shapley put it, “The purposeful exclusion of the 2014 and 2015 years sanitized the most substantive criminal conduct and concealed material facts.”

More and more, it appears that Garland is determined to avoid probing the Bidens. That means, of course, that appointing a special counsel to investigate would likely not result in the uncovering of any criminal activity. The vaunted independence of special counsels doesn’t count for much when many believe the executive branch has been weaponized to protect the president and his family while relentlessly pursuing his political foes. Jack Smith, the special counsel heading up the prosecution of Trump for mishandling classified documents – something Joe Biden also did – has requested that Trump’s trial be postponed until December. This timing is auspicious because it puts the trial in the heart of the presidential primary season.

The special counsel issue is a problem that’s not lost on House Oversight Committee Chairman James Comer (R-KY). "The House Oversight Committee has found and shared with the public in five months what the Justice Department and FBI have kept secret for five years, so I think we’re moving right along," Comer recently told Fox News in reference to the unfolding list of crimes allegedly perpetrated by and for the benefit of several Biden family members.

"I strongly oppose the appointment of a special counsel," Comer added. "I think that’s the most ridiculous idea that any Republican could think right now because, if you support a special counsel, you support and trust Merrick Garland to have the sole authority to pick one person who can then take over the investigation and never have to be transparent with the media or Congress until the conclusion of the investigation, which might take years.”

Republican investigators intend to speak with the witnesses who were present when Weiss allegedly revealed how the DOJ tied his hands. If Shapley’s claims are corroborated, Garland will be facing perjury allegations and possible impeachment.