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Home Current Events & News Analysis

Special Counsel Weiss blasts Biden in final Hunter prosecution report

Rocci Stucci by Rocci Stucci
January 13, 2025
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Special Counsel David Weiss said his highly-anticipated report outlines his decisions to charge Hunter Biden, but stressed that due to President Biden’s pardon of his son, it was “inappropriate to discuss whether additional charges are warranted,” Fox News Digital has learned.

Fox News Digital obtained a copy of Weiss’s final report after his years-long investigation into Hunter Biden.

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The Justice Department transmitted the report to Congress on Monday evening. 

Weiss, in his report, chided President Biden for his Dec. 1, 2024 decision to grant his son a “Full and Unconditional Pardon” covering nearly eleven years of conduct, including conduct related to both convictions the special counsel obtained. 

Hunter Biden was found guilty of three felony firearm offenses stemming from Special Counsel David Weiss’ investigation. The first son was also charged with federal tax crimes regarding the failure to pay at least $1.4 million in taxes. Before his trial, Hunter Biden entered a surprise guilty plea. 

The charges carried up to 17 years behind bars. His sentencing was scheduled for Dec. 16, but his father, President Biden, pardoned him on all charges in December. 

Weiss, in the report, blasted the president’s decision to pardon but also the press release that was sent out to the public that “criticized the prosecution of his son as ‘selective,’ ‘unfair,’ ‘infected’ by ‘raw politics,’ and a ‘miscarriage of justice.'”

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“This statement is gratuitous and wrong,” Weiss wrote in his report. “Other presidents have pardoned family members, but in doing so, none have taken the occasion as an opportunity to malign the public servants at the Department of Justice based solely on false accusations.” 

Weiss also pointed to a comment made by Judge Mark C. Scarsi, who said: “The Constitution provides the President with broad authority to grant reprieves and pardons for offenses against the United States, U.S. Const. art. II, § 2, cl. 1, but nowhere does the Constitution give the President the authority to rewrite history.” 

“These prosecutions were the culmination of thorough, impartial investigations, not partisan politics,” Weiss wrote in his report. “Eight judges across numerous courts have rejected claims that they were the result of selective or vindictive motives.” 

Weiss added: “Calling those rulings into question and injecting partisanship into the independent administration of the law undermines the very foundation of what makes America’s justice system fair and equitable. It erodes public confidence in an institution that is essential to preserving the rule of law.” 

In another section of the report, Weiss notes that, in light of the presidential pardon, he “cannot make any additional charging decisions” and said it would be “inappropriate” to discuss “whether additional charges are warranted.” 

“Politicians who attack the decisions of career prosecutors as politically motivated when they disagree with the outcome of a case undermine the public’s confidence in our criminal justice system,” Weiss wrote. “The President’s statements unfairly impugn the integrity not only of Department of Justice personnel, but all of the public servants making these difficult decisions in good faith.” 

Weiss added: “The President’s characterizations are incorrect based on the facts in this case, and, on a more fundamental level, they are wrong.” 

The federal investigation into Hunter Biden began in November 2018. 

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But it wasn’t until 2023 that whistleblowers from the IRS, Gary Shapley and Joseph Ziegler, brought allegations of politicization in the federal probe of Hunter Biden to Congress. 

The two alleged that political influence had infected prosecutorial decisions in the federal probe, which was led by Trump-appointed Delaware U.S. Attorney David Weiss, who they said had requested to become a special counsel. 

After Shapley and Ziegler testified publicly, Attorney General Merrick Garland appointed Weiss as special counsel to continue his investigation of the first son and, ultimately, bring federal charges against him in two separate jurisdictions — Delaware and California. 

Weiss and the Bidens

Justice Department regulations require Weiss to transmit any final report to Attorney General Merrick Garland, who has pledged to release as much as possible to the public. 

The Justice Department and Special Counsel Weiss’ office declined to comment. 

Meanwhile, President Biden’s pardon of his son came after months of vowing to the American people that he would not do so. 

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But last month, the president announced a blanket pardon that applies to any offenses against the U.S. that Hunter Biden “has committed or may have committed” from Jan. 1, 2014, to Dec. 1, 2024. 

“From the day I took office, I said I would not interfere with the Justice Department’s decision-making, and I kept my word even as I have watched my son being selectively, and unfairly, prosecuted,” Biden said. “There has been an effort to break Hunter — who has been five and a half years sober, even in the face of unrelenting attacks and selective prosecution. In trying to break Hunter, they’ve tried to break me — and there’s no reason to believe it will stop here. Enough is enough.”

Biden added, “I hope Americans will understand why a father and a president would come to this decision.” 

 

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