(NewsNation) — David Weiss has been appointed as special counsel by the Department of Justice in the investigation of President Joe Biden’s son, Hunter, U.S. Attorney General Merrick Garland announced Friday.
As the U.S. Attorney in Delaware, Weiss had been leading the probe into Hunter Biden’s financial and business dealings. Weiss will continue to serve as U.S. Attorney, according to Garland.
On Tuesday, Garland said, Weiss told the DOJ that in his judgment, the Hunter Biden investigation reached the stage where he should continue his work as special counsel. Previously, in a July 2023 letter to Congress, Weiss had said he had not, up until that point, requested a special counsel designation.
“Upon considering his request, as well as the extraordinary circumstances relating to this matter, I have concluded it is in the public interest to appoint him as special counsel,” Garland said. “This appointment confirms my commitment to provide Mr. Weiss all the resources he requests. It also reaffirms that Mr. Weiss has the authority he needs to conduct a thorough investigation and to continue to take the steps he deems appropriate independently, based only on the facts and the law.”
As special counsel, Weiss will not be under the daily supervision of any Department of Justice officials. Still, he must comply with the department’s regulations, procedures and policies, Garland said.
At the end of his investigation, Weiss will provide Garland with a report explaining his decision on whether to file charges.
“As with each special counsel who has served since I’ve taken office, I am committed to making as much of his report public as possible, consistent with legal requirements and department policy,” Garland told reporters. He did not take questions at the end of the conference.
House Republicans have started mounting their own investigations against Hunter Biden, and other of the president’s family members. House Oversight and Accountability Committee Chairman James Comer, R-Ky., has said he would move to subpoena family members — even hinting that a potential subpoena could include the president himself, NewsNation partner The Hill reported.
Comer, though, still criticized the move to make Weiss special counsel, calling it part of the Justice Department’s efforts to cover up wrongdoing by the Biden family.
“The Biden Justice Department is trying to stonewall Congressional oversight as we have presented evidence to the American people about the Biden family’s corruption,” Comer said in a statement. “The House Oversight Committee will continue to follow the Biden family’s money trail and interview witnesses to determine whether foreign actors targeted the Bidens, President Biden is compromised and corrupt, and our national security is threatened.”
Several other Republican lawmakers were also vocal about their disapproval of Weiss’ designation as special counsel, including U.S. Sen. Lindsey Graham of South Carolina, who likened it on NewsNation to “pouring gasoline on a political fire.”
That’s very different than the tone they took less than a year ago — 33 Senate Republicans, including Graham, signed a letter in September 2022 asking Garland to name Weiss special counsel. Doing so, they said back then, would be “an important action… that will go a long way in restoring faith in our governmental institutions.”
However, this letter was before a plea deal Hunter Biden was initially supposed to get last month over tax evasion. Many Republicans soured on Weiss after this, as they saw it as a “sweetheart” deal given to Hunter Biden, causing them to no longer trust the prosecutor.
This plea deal over tax evasion later collapsed when U.S. District Court Judge Maryellen Noreika, who was appointed by Trump, raised multiple concerns about the specifics.
Weiss’ prosecutors, in a court filing Friday, said as plea negotiations are at an impasse, the government now believes the case will need to go to trial. They asked for this trial to be held in either in California or Washington, D.C.
White House officials referred comment to the Justice Department or Hunter Biden’s personal representation.
Former President Donald Trump is also being investigated by the Justice Department. The 2024 Republican presidential candidate’s campaign put out a statement complaining the Biden family has been protected by officials for decades even though there is “overwhelming evidence and credible testimony” detailing their wrongdoing.
“If this special counsel is truly independent — even though he failed to bring proper charges after a four-year investigation and he appears to be trying to move the case to a more Democrat-friendly venue — he will quickly conclude that Joe Biden, his troubled son Hunter, and their enablers, including the media, which colluded with the 51 intelligence officials who knowingly misled the public about Hunter’s laptop, should face the required consequences,” a Trump campaign spokesperson wrote.
Democratic Sen. Dick Durbin of Illinois, meanwhile, applauded Weiss’ appointment.
“Attorney General Garland has committed to avoiding even the appearance of politicization at the Justice Department, and his appointment of a Special Counsel in this matter demonstrates that commitment yet again,” Durbin wrote. “U.S. Attorney David Weiss is a distinguished prosecutor, and I trust that the Justice Department’s professional, nonpartisan approach will carry on as the Special Counsel continues his investigation.”
The White House has said that Republicans have failed to give evidence connecting the president to any wrongdoing. A spokesperson has previously called allegations against Biden and his family made by the GOP-led House Committee on Oversight and Accountability “unfounded, unproven, politically motivated attacks.”
This story is developing. Refresh for updates.
The Associated Press contributed to this report.