In a highly unusual move, Special Counsel David Weiss, the U.S. attorney for Delaware leading the investigation into President Joe Biden's son, appeared before the Republican-led House Judiciary Committee on Tuesday to address the scope of his authority in the Hunter Biden criminal probe. According to a copy of his opening statement obtained by CBS News, Weiss asserted that he had full authority to pursue criminal charges against Hunter Biden and emphasized that he had not been obstructed or prevented from taking necessary steps in the investigation. He stated, "I am, and have been, the decision-maker on this case," countering allegations made by IRS whistleblowers Gary Shapley and Joseph Ziegler, who claimed that Weiss had been denied special counsel status and was not the deciding person to bring charges.

Shapley and Ziegler, who were previously assigned to the Hunter Biden investigation, testified that they recommended federal charges against the president's son for tax violations but alleged intentional slow-walking and preferential treatment in the federal investigation. They also claimed that Weiss had stated he was not the deciding person on whether or not charges were filed. However, Weiss has continuously refuted these claims, stating that he requested special counsel status in August and that his request was promptly granted by Attorney General Merrick Garland. He clarified that he had reached a stage in the investigation where he believed his work should continue as a special counsel, granting him greater autonomy.

The circumstances surrounding Weiss' request for special counsel status years into the investigation remain unclear. House Judiciary Committee Chairman Jim Jordan stated that Weiss testified he had requested special attorney authority under 28 U.S. Code § 515 in the spring of 2022. Section 515 allows federal prosecutors appointed by the attorney general to bring charges in districts other than their own. In a letter to Republican Senator Lindsey Graham, Weiss revealed that he had discussed a possible appointment under Section 515 with federal officials, assuring him he would be granted the authority if needed.

During Weiss' testimony, Matthew Graves, the U.S. attorney for the District of Columbia, and E. Martin Estrada, the U.S. attorney for the central district of California, also appeared before the committee in closed-door testimony. They confirmed that while they declined to partner with Weiss to pursue criminal charges against Hunter Biden, they did offer administrative and logistical support for his investigation in their respective districts. Two FBI officials assigned to the Hunter Biden investigation also testified earlier this year, claiming they did not recall Weiss indicating that he lacked the authority to push the case forward himself.

House Democrats have largely dismissed the closed-door testimony as a “farce” and a "complete nothingburger," with House Judiciary Committee Ranking Member Jerrold Nadler stating that Weiss repeatedly emphasized his decision-making authority and denied any interference in the case. Republicans, on the other hand, have cited the allegations made by Shapley and Ziegler as evidence of improper interference in the investigation and have criticized the plea deal offered to Hunter Biden, which ultimately unraveled in court leading to new federal gun charges.

The investigation into Hunter Biden's finances and business ventures, as well as allegations of political meddling, has been a focal point for Republicans, who have questioned whether senior officials, including Weiss, obstructed or disrupted the criminal investigations. Additionally, a second special counsel investigation led by Robert Hur is looking into whether President Joe Biden mishandled classified documents during his time as vice president. The White House has dismissed these inquiries as "based on lies," while Republicans insist on further investigation.