Attorney general appoints Hunter Biden special counsel

Attorney General Merrick Garland on Friday appointed David Weiss, the Delaware federal prosecutor who has led the investigation into Hunter Biden, as a special counsel overseeing the investigation.

The move comes as a pending plea deal involving the president's son appears to be unwinding.

Garland said he made the decision in the politically explosive case after Weiss asked for the appointment.

“On Tuesday of this week, Mr. Weiss advised me that in his judgment, his investigation had reached a stage at which he should continue his work as a special counsel, and he asked to be so appointed,” Garland said in a statement to the press Friday.

“Upon considering his request, as well as the extraordinary circumstances relating to this matter, I have concluded that it is in the public interest to appoint him as special counsel.”

Republicans have launched a probe into the investigation of Biden following claims from two IRS whistleblowers that Weiss was blocked from seeking special counsel status — a claim Weiss and the DOJ have consistently denied.

Meanwhile, in a court filing just moments after Garland’s announcement, the Justice Department indicated the parties had reached an impasse on still reaching a plea agreement.

“The Government now believes that the case will not resolve short of a trial,” prosecutors wrote in court filings on Friday.

U.S. District Judge Maryellen Noreika put on hold Biden’s proposed plea agreement during a whirlwind hearing last month, telling prosecutors and Biden’s attorneys to submit in writing their responses to various concerns the judge posed about the proposed agreement.

But in a court filing on Friday, the Justice Department urged the judge to set aside the written briefing deadlines.

“The Court’s briefing order is premised on the idea that the parties intend to continue towards a guilty plea in Criminal Action No. 23-mj-00274 and diversion in Criminal Action No. 23-cr-00061,” prosecutors wrote. 

“But that is no longer the case,” they continued. “Following additional negotiations after the hearing held on July 26, 2023, the parties are at an impasse and are not in agreement on either a plea agreement or a diversion agreement. Therefore, the Government believes the Court’s briefing order should be vacated.”

Updated at 12:36 p.m.