IRS Supervisory Agent Gary Shapley, who oversaw a portion of the investigation into Hunter Biden, has made a series of extraordinary claims about the handling of the case. Shapley  declared that U.S. Attorney David Weiss was denied the authority he needed to charge President Joe Biden’s son with more serious crimes, that everyone involved was forbidden from following up connections to the president, and that Weiss was limited by political interference. These claims directly contradict statements by both Weiss and Attorney General Merrick Garland.

Republicans are presenting this as a reason to impeach Garland and will potentially tack it onto their list of reasons to impeach Biden. But the conflict here is directly between the statements being issued by Shapley and those of Weiss, because the two claims could not be more opposed. One of these men isn’t just wrong, he’s blatantly lying, but it’s hard to see what either has to gain.

One week ago, Weiss indicted Hunter Biden on two counts of misdemeanor tax fraud resulting from late payments, and one count of possessing a gun while using drugs. The announcement was made in conjunction with a reported plea deal that would see Hunter Biden receive probation.

All of this was the result of a five-year investigation by Weiss that began on the orders of Donald Trump and William Barr.

Weiss was confirmed as a U.S. attorney for Delaware back in 2018, when Donald Trump declared that he “shared his vision,” proclaiming Weiss as one his best picks. Almost immediately after his appointment, Weiss began the investigation into Hunter Biden. He continued that investigation under Barr and acting Attorney General Jeffrey Rosen through the end of Trump’s term.

Since taking office, Biden has replaced 64 U.S. attorneys. As is traditional, many of these attorneys submitted their resignations soon after the change in administrations. However, Weiss was asked to remain expressly so that the investigation into Hunter Biden would remain in the hands of a Republican U.S. attorney appointed to this task by Republicans. Garland gave Weiss a wide writ to conduct his investigation expressly to avoid charges of any interference.

However, interference is exactly what Shapley is claiming. In The New York Times coverage of his testimony before the Republican-lead House Judiciary Committee, an interview with CBS News, and in a statement released over the weekend, Shapley made a series of statements that are in utter contradiction to a letter from Weiss to the House, which was sent three weeks ago, as well as a statement from Garland.

What Shapley claims:

• Weiss “reached out to” the top federal prosecutor in Washington and asked his office to pursue charges in that district, but was refused.

• Weiss made another request to prosecutors in Los Angeles to seek charges related to a client that Hunter Biden was working with in China, but he was refused again.

• Weiss wanted to be made a special counsel, but Garland turned him down.

• Weiss was steered away from anything related to Joe Biden.

What Garland said:

• Weis had full authority to conduct the investigation as he saw fit, and to “bring in another jurisdiction if necessary.”

• Weiss had “complete authority” to “continue his investigation and to make a decision to prosecute any way in which he wanted to and in any district in which he wanted to.”

• “The only person who has the authority to make someone a special counsel, or refuse to make them a special counsel, is the attorney general. Mr. Weiss never made that request.”

What Weiss wrote:

• “I have been granted ultimate authority over this matter, including responsibility for deciding where, when, and whether to file charges …”

• “Throughout my tenure as U.S. attorney, my decisions have been made—and with respect to this matter must be made—without political considerations.”

These are not matters of opinion that might be explained away by viewpoint or confusion. Shapley is saying flat out that Weiss asked to be made a special counsel and was refused. And that because he was not a special counsel, Weiss was unable to bring charges or fully investigate crimes outside of Delaware. Weiss and Garland are explicitly denying both these claims.

When it comes to the matter of Weiss being made a special counsel, it was actually under consideration at one point. In the final days of the Trump White House, Trump asked that special counsels be appointed for both investigating Hunter Biden and to look into his claims of election fraud. Rosen resigned without naming either of those special counsels.

Shapley has been with the IRS for 14 years. Following the Hunter Biden investigation, he openly blamed Weiss for failing to get a promotion that he had expected. Shapley insists that Weiss criticized him to his supervisors, but has provided no evidence for that claim. 

Republished with permission from Daily Kos.