IRS whistleblowers on Hunter Biden case to publicly testify

The House Oversight Committee will hear from two IRS whistleblowers next Wednesday, including one whose identity has yet to be revealed, after the duo alleged an investigation into Hunter Biden was slow-walked by prosecutors.

Testimony from IRS investigator Gary Shapley and another individual identified only as Whistleblower X was shared by the House Ways and Means Committee the day after U.S. Attorney for Delaware David Weiss announced he had reached a plea deal with Biden that would require guilty pleas on two tax charges.

Shapley in particular said Biden received preferential treatment, with prosecutors hesitant to pursue search warrants. He also said Weiss was unable to bring charges in D.C., where he believes he would have had the strongest case.

“These whistleblowers provided information about how the Justice Department refused to follow evidence that implicated Joe Biden, tipped off Hunter Biden’s attorneys, allowed the clock to run out with respect to certain charges, and put Hunter Biden on the path to a sweetheart plea deal. Americans are rightfully angry about this two-tiered system of justice that seemingly allows the Biden family to operate above the law,” House Oversight Chair James Comer (R-Ky.) said in a statement.

“We need to hear from whistleblowers and other witnesses about this weaponization of federal law enforcement power. This hearing is an opportunity for the American people to hear directly from these credible and brave whistleblowers.”

Whistleblower X’s identity is set to be revealed at the afternoon hearing on July 19.

Weiss and the Justice Department have denied the claims from the whistleblowers, including specific claims that the Delaware prosecutor was denied special counsel status that would have allowed him to pursue charges in D.C.

While that facet of Shapley’s testimony is just one detail in his larger claims of mismanagement of the investigation, it’s become a central focus to Republican leadership, as Attorney General Merrick Garland said in an appearance before lawmakers that Weiss had total control of the investigation.

McCarthy first raised the prospect of a Garland impeachment in June, saying on Twitter that Shapley’s testimony could be “a significant part of a larger impeachment inquiry into Merrick Garland's weaponization of DOJ.”

“What's really concerning to me is who in this process is lying?” House Majority Leader Kevin McCarthy (R-Calif.) said to reporters Tuesday. 

“The Attorney General has told Congress one thing, David Weiss has told others different inside these meetings. I think the best thing is bring everybody in the room and find out who's telling the truth and who's not.” 

McCarthy was referencing testimony from Shapley saying Weiss said he was unable to bring charges in D.C. or secure special counsel status.

“I would later be told by United States Attorney Weiss that the D.C. U.S. Attorney would not allow U.S. Attorney Weiss to charge those years in his district. This resulted in United States Attorney Weiss requesting special counsel authority from Main DOJ to charge in the District of Columbia. I don't know if he asked before or after the Attorney General's April 26th, 2022, statement, but Weiss said his request for that authority was denied and that he was told to follow DOJ's process,” Shapley told Ways and Means investigators.

Echoing earlier statements that he had total control over the investigation, Weiss in a Monday letter offered his clearest language yet in pushing back on Shapley’s claims.

There are two statutes on the books governing such appointments and the powers associated with them, Weiss notes, including a status allowing him to file charges outside his district of Delaware. 

“To clarify an apparent misperception and to avoid future confusion, I wish to make one point clear: in this case, I have not requested Special Counsel designation pursuant to 28 CFR § 600 et seq. Rather, I had discussions with Departmental officials regarding potential appointment under 28 U.S.C. § 515, which would have allowed me to file charges in a district outside my own without the partnership of the local U.S. Attorney,” Weiss wrote in a letter obtained by The Hill. 

“I was assured that I would be granted this authority if it proved necessary.”

Biden has agreed to plead guilty to two counts of willful failure to pay taxes and amid the five-year investigation has since paid more than $200,000 in taxes.

He also agreed to enter a pretrial diversion program relating to a failure to admit to drug use when purchasing a weapon. 

“This was a five year, very diligent investigation pursued by incredibly professional prosecutors, some of whom have been career prosecutors, one of whom at least was appointed by President Trump,” Biden attorney Chris Clark said during an appearance on MSNBC last month.

“What I can tell you is, they were very diligent, very dogged. This was – it took five years and it was five years of work that they put in, and even throughout working out the ultimate resolution, I think that they were always driving for what they thought was fair.”

This story was updated at 5:45 p.m.

DOJ, Hunter Biden team fight back on GOP probes 

Justice Department officials and Hunter Biden’s attorneys are ramping up their pushback against Republican claims the president’s son received preferential treatment during the investigation into his failure to pay taxes.

Republicans released a transcript from an IRS whistleblower who questioned the integrity of the Biden tax probe just days after his attorney announced they reached an agreement with DOJ officials in Delaware that would mean no jail time but require Biden to plead guilty in relation to two tax crimes.  

The deal — which has yet to be approved by a judge — and the investigation are already the subject of a three-committee probe after IRS investigator Gary Shapley alleged the criminal investigation was slow-walked by the DOJ. 

But the GOP focus on Biden is now generating a firmer response, particularly since Speaker Kevin McCarthy (R-Calif.) suggested the episode could be grounds for impeaching Attorney General Merrick Garland. 


More from The Hill

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Hunter Biden’s lawyer blasts IRS whistleblowers in scathing letter to GOP committee chair


One of Biden’s attorneys late last week penned a blistering letter accusing House Ways and Means Committee Chairman Jason Smith (R-Mo.) of violating provisions that protect the confidentiality of tax information in his rush to release Shapley's testimony.

“Since taking the majority in 2023, various leaders of the House and its committees have discarded the established protocols of Congress, rules of conduct, and even the law in what can only be called an obsession with attacking the Biden family,” Biden attorney Abbe Lowell wrote in a 10-page letter.  

“The timing of the agents’ leaks and your subsequent decision to release their statements do not seem innocent — they came shortly after there was a public filing indicating the disposition of the five-year investigation of Mr. Biden. To any objective eye your actions were intended to improperly undermine the judicial proceedings that have been scheduled in the case. Your release of this selective set of false allegations was an attempt to score a headline in a news cycle — full facts be damned,” the letter continued. 

Lowell complains the agents who spoke to the panel — Shapley and another unidentified person — had an “axe to grind” and assumed they knew better than prosecutors managing the five-year investigation.  

Shapley asserts in his testimony that U.S. Attorney for Delaware David Weiss asked for a special counsel to charge Biden in the District of Columbia, where more egregious tax conduct occurred, but was denied. Shapley also said D.C. District Attorney Matthew Graves opposed bringing charges in the District of Columbia.  

But Weiss has strongly rejected any claims his office did not zealously pursue the case, pushing back on the whistleblower’s claims. Weiss, a Trump appointee who was one of the few U.S. attorneys asked to stay on after President Biden took office, told lawmakers in June he had complete authority over how to handle the investigation. 

Weiss late Friday said in a letter to Congress that he could have asked for special counsel status if he wished to bring charges in Washington, and he was assured that option was available. 

“In my June 7 letter I stated, ‘I have been granted ultimate authority over this matter, including responsibility for deciding where, when and whether to file charges.’ ... I stand by what I wrote and wish to expand on what this means,” Weiss said. 

“As the U.S. Attorney for the District of Delaware, my charging authority is geographically limited to my home district. If venue for a case lies elsewhere, common Departmental practice is to contact the United States Attorney’s Office for the district in question and determine whether it wants to partner on the case,” he added. 

“If not, I may request Special Attorney status from the Attorney General pursuant to 28 U.S.C. § 515. Here, I have been assured that, if necessary after the above process, I would be granted § 515 Authority in the District of Columbia, the Central District of California, or any other district where charges could be brought in this matter.” 

Weiss has agreed to meet with the committee to discuss the investigation further “at the appropriate time.” 

Graves has denied stymying the Hunter Biden investigation, while Garland has said Weiss had full control to make any decisions he deemed necessary in the case. 

The contradiction between the whistleblower and Weiss about where to charge Biden, and whether a special counsel and charging in D.C. was denied, is at the core of the House Speaker’s interest in an impeachment inquiry targeting Garland

McCarthy said Garland’s assertion before Congress and the public that Weiss had full control over the investigation could be grounds for impeachment if it’s determined that Shapley’s testimony is true.  

“He didn't get charged for some of the highest prosecution. They want to have a special counsel. And now we're seeing that the DOJ, the attorney general, declined that, even though he's saying something different,” McCarthy said on Fox News last week. “None of it smells right, and none of it is right.” 

Republicans have ramped up their investigations since the plea deal. 

Smith, along with House Judiciary Chairman Jim Jordan (R-Ohio) and House Oversight Chairman James Comer (R-Ky.), requested interviews with more than a dozen figures involved in the investigation to determine whether there was “equal enforcement of the law.” 

The panel wishes to speak with numerous FBI, IRS and DOJ employees.  

“It’s little surprise that Hunter Biden’s attorneys are attempting to chill our investigation and discredit the whistleblowers who say they have already faced retaliation from the IRS and the Department of Justice despite statutory protections established by law. These whistleblowers bravely came forward with allegations about misconduct and preferential treatment for Hunter Biden — and now face attacks even from an army of lawyers he hired,” Smith said in response to the letter from Lowell. 

“Worse, this letter misleads the public about the lawful actions taken by the Ways and Means Committee, which took the appropriate legal steps to share this information with [the] rest of Congress. It doesn’t even address concerns that counsel for Mr. Biden was regularly tipped off about potential warrants and raids in pursuit of evidence that implicated him, as well as his father. We will continue to go where the facts take us — and we will not abandon our investigation just because Mr. Biden’s lawyers don’t like it,” Smith added. 

Sen. Chuck Grassley (R-Iowa) on Wednesday spearheaded a letter signed by the three House chairmen asking for the Office of Special Counsel to review any potential retaliation against Shapley and the other whistleblower since they came forward.  

Shapley on Monday also submitted an affidavit saying he was not the source of leaks to the media about the Biden investigation, a possibility Lowell raises in his letter. 

Biden last month struck a deal with prosecutors to plead guilty to tax crimes and enter into a pretrial diversion program relating to unlawful possession of a weapon. The charges come after a five-year investigation into him. 

Weiss said in a statement at the time the investigation was “ongoing.” 

Garland has said he remained uninvolved in Weiss’s investigation, arguing the U.S. attorney’s independence was key to ensure a proper investigation was led by the facts. 

He also defended the integrity of the Justice Department more broadly, pushing back on GOP claims of political bias. 

“Some have chosen to attack the integrity of the Justice Department … by claiming we do not treat like cases alike. This constitutes an attack on an institution that is essential to American democracy and essential to the safety of the American people,” Garland said in a recent press conference. “Nothing could be further from the truth.” 

What Will Joe Biden Do If Hunter Is Indicted?

By Charles Lipson for RealClearWire

What will President Biden do if his son is indicted by the federal prosecutor in Delaware? That’s one of three questions looming over U.S. Attorney David Weiss’ fateful choice.

The second is whether the indictment will go after a larger, coordinated family scheme of influence peddling or confine itself to smaller, tightly-confined issues like lying to get a gun permit and not registering as a foreign lobbyist.

The third is whether Attorney General Merrick Garland will approve Weiss’ proposed charges. Significant political calculations follow from those decisions.

It’s easy enough to answer what Garland will do. He has little choice but to approve any charges Weiss proposes after the government’s multi-year investigation. Anything else would look shady, a far cry from the neutral, apolitical justice Garland’s department is charged with dispensing. Burying the charges, after Garland’s refusal to appoint a special counsel, would embroil his department in its nastiest controversy since John Mitchell befouled it under President Nixon.

Assuming the federal attorney proposes felony charges and Garland approves them, Joe Biden faces the toughest choice of his political life.

The president’s dilemma is why it’s so interesting to follow recent speculation by Miranda Devine, a reporter and columnist for the New York Post. She’s the most informed journalist on the Hunter Biden story. Her paper broke the news about the emails on Hunter’s laptop, three weeks before the 2020 election, and Devine has done the best follow-up reporting.

To bury that story before the election took the combined, Herculean efforts of the legacy media, social media giants, and former CIA officials. Their success helped elect Biden. But the “little story that could” just keeps chugging along, mostly because the corruption is so extensive, so rich for investigation. Criminal charges now seem likely, not that the mainstream media has shown much interest.

Now, Devine is speculating that Biden is setting the stage to pardon Hunter, framing it as the actions of a loving father who backs his troubled child. “My son has done nothing wrong,” Biden told MSNBC’s Stephanie Ruhle in a rare one-on-one interview. “I trust him. I have faith in him, and it impacts my presidency by making me feel proud of him.”

Whether such sentiments presage a pardon, as Devine thinks, is still a guess. We can say something more concrete, though, as Biden weighs such a move. Four consequences stand out:

  • A presidential pardon would set off a political firestorm.
  • The White House will try its best to prevent any public revelation of the family’s business dealings. That means the president and his advisors want to prevent a trial, get Hunter to take a plea, and convince the judge to seal the evidence. Another option is to go trial, knowing it won’t be held until after the election.
  • If Biden pardons his son this year, he’s signaling he won’t run for reelection. He wouldn’t put that albatross around his own neck if he intended to face the voters.
  • If Biden does run and pardons his son after November 2024, the political impact depends on who wins the White House and Capitol Hill. The calculations are more complicated than one might expect.

Let’s consider each in turn.

First, a pardon would set off the biggest political firestorm since Watergate. It would look worse than self-dealing, bad as that is. It would look like the president is covering up his family’s corruption, not only to get Hunter off the hook but to prevent the disclosure of damning evidence in court.

That evidence is likely to touch many more Biden family members than Hunter, and perhaps the president himself. The more Biden family members who are implicated, the more the whole operation looks like a concerted operation to monetize Joe’s political position. It also might threaten to shred Joe’s repeated claim that he knew nothing about any family business interests or influence peddling. The wider the sleaze, the harder it is to sell that story.

The chairman of the House committee investigating these issues has said Hunter’s corruption was merely one part of the family business. And that business was selling influence. Rep. James Comer has publicly said that his House Oversight Committee has already collected evidence that nine Biden family members are involved in sketchy business deals, including substantial payments from foreign firms.

Some of those firms are closely linked to the Chinese Communist Party. Comer added that his committee is investigating the possible involvement of at least three more family members, as well as Joe Biden’s own role. His conclusion: “The entire Biden family” is entrapped in the financial enrichment scheme. So far, however, Comer hasn’t named names or provided the evidence. He says he will provide much more at a major press conference Wednesday.

Comer’s principle suggestion is that the Biden family’s influence-peddling scheme is much broader, and their criminal actions more serious, than isolated schemes perpetrated by the president’s conniving second son. He adds that his evidence points to Joe Biden’s direct involvement, including possible payments for official actions.

That is what he told Maria Bartiromo on Sunday, although he hasn’t yet provided the evidence for that incendiary allegation. Comer is also attacking the FBI for desultory investigation – which ignored much of the malfeasance – and calling out the mainstream media for its concerted silence.

Related: Hunter Biden’s Stripper Baby Mama Drama Isn’t Making Joe Biden’s Life Any Easier

The Internal Revenue Service might be implicated, too, since a lot of payments – and a lot of Hunter’s income – went through what Comer calls the family’s “web of LLCs.” A senior supervisory agent at the IRS is seeking whistleblower protection to tell Congress about “preferential treatment and politics improperly infecting decisions and protocols that would normally be followed” in investigating Hunter’s taxes.

If political pressure really was applied to the IRS over Hunter’s taxes, or if senior agents acted improperly to curry favor, those would obviously be very serious matters, legally and politically. Comer and the House Republicans in the committee’s majority want that testimony under oath and are seeking responses from the IRS and DOJ.

Anticipating an indictment soon, Comer has urged the Justice Department to hold off until his committee presents more evidence to the public this week. “When you have the opportunity to see the evidence that the House Oversight Committee will produce with respect to the web of [Biden family] LLCs, with respect to the number of adversarial countries that this family influence peddled in, and this is not just about the president’s son. This is about the entire Biden family, including the President of the United States.”

However wide-ranging the indictment is, Hunter will do everything he can to strike a plea deal and seal all the evidence to prevent its disclosure at trial. That would clearly be the preference inside the White House. But it’s not in the public interest.

If the DOJ tries to seal the evidence, it would be joining in a cover-up. The Department must require that Hunter attest to all incriminating evidence and that it all be made public as part of any plea deal. The judge himself should demand it. That requirement might kill Hunter’s willingness to take the deal. Rather than reveal the evidence now, the White House would prefer kick it down the road, to a trial date after the November 2024 election.

Whether a trial happens or not, a pardon for Hunter would be politically fatal for the president, and he and his advisers must know it. That leads to a clear conclusion. If Joe pardons Hunter this year, running for reelection becomes unrealistic. Such a self-inflicted wound would be a far more powerful signal of his intentions than a speech declaring his candidacy. There’s no way Joe would eviscerate his political prospects like that if he intended to face the voters again.

Of course, Biden could delay any pardon until after November 2024. That would still invite a high-profile congressional investigation and perhaps impeachment, but the political maneuvering would depend on the election outcome. If Biden loses and the current Republican House moves quickly to impeach, Senate Democrats would be in a bind. It takes overwhelming evidence to convince senators to humiliate a president from their own party. The only thing that would do it is overwhelming fear of their constituents at the ballot box.

Related: Things Get Awkward When Karine Jean-Pierre Gets Asked About Hunter Biden’s Baby With a Stripper

The situation is entirely different if Biden wins and the Republicans take both the House and Senate. The problem, in three words, is President Kamala Harris. Although the new House would have no trouble collecting votes for impeachment, they might hesitate before passing the ultimate decision to their Republican colleagues in the Senate. Do they really want to elevate Harris into the Oval Office?

None of these prospects is a happy one. Each one adds to the misery of a country beset by lawlessness on the streets, chaos at the southern border, stagnant real income, and a looming debt crisis. We need to know whether the Biden family – not just Hunter – was engaged in a series of corrupt schemes to peddle the influence of a high-ranking government official.

We need to know all the family members involved and their business partners. We need to know what they were paid for doing and who paid them. What we don’t need is a weak, narrowly-drawn indictment, an official cover-up of the evidence, and, worst of all, a self-serving presidential pardon.

Syndicated with permission from RealClearWire.

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