Weiss himself referenced the special attorney provision when he disputed claims by so-called “whistleblowers” that he had been frustrated in efforts to bring charges in other districts and that Garland had refused to make him a special counsel. This provision authorizes the Attorney General to give any DOJ attorney extra-territorial authority as a “special attorney.” Moreover, as recently as June, Garland had asserted that Weiss had essentially no limits on his authority. Attorney as well-such a rationale would appear unfounded because Attorney General Garland could have given Weiss the authority to prosecute outside of Delaware under 28 U.S.C. While some commentators have opined that the need to bring charges outside of Delaware may underlie the decision to give Weiss the special counsel title-he will continue to serve as U.S. Amidst recriminations from both prosecution and defense the case now appears to be headed for a trial after Weiss moved to dismiss the current case in order to bring charges in Washington D.C. It is unclear why Weiss and Garland found it necessary after five years to make Weiss special counsel.Įarlier this month, Weiss came tantalizingly close to wrapping up the case with a plea bargain but suffered a spectacular collapse in court when the federal judge overseeing the case refused to approve the deal. Weiss–originally appointed by former President Trump-first opened the investigation in 2019 and was allowed by the Biden administration to continue on in his position as U.S. Attorney for Delaware, as the special counsel for the prosecution of President Biden’s only surviving son after Weiss requested the appointment and in light of what Garland termed to be the “extraordinary circumstances” of the case which made such an appointment to be in the public interest. Attorney General Merrick Garland announced Friday that he would name David Weiss, the U.S. Department of Justice has now decided that it needs a special counsel to finish the job. After spending a half-decade investigating Hunter Biden, the U.S.

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