Who is special counsel David Weiss?

Up until last week, David Weiss was a U.S. attorney for Delaware investigating Hunter Biden. Now, he’s a special counsel investigating Hunter Biden. The reappointment gives him broader authority and jurisdiction, though he is essentially doing the same job. It is the most recent development in a four-year saga that has played out behind the scenes at the Department of Justice. The case has captured the nation’s attention as Republicans call for more scrutiny to ensure the DOJ performs its duties—regardless of who it happens to be investigating.

Why David Weiss? As U.S. attorney for the District of Delaware, David Weiss led a probe since 2018 into the tax and business dealings of Hunter Biden, the son of President Joe Biden. The investigation didn’t become public knowledge until shortly after the 2020 election when the younger Biden publicly disclosed it. The known portions of the inquiry center on Biden’s tax record, his drug use, and the unlawful possession of a firearm. He has also come under scrutiny for his relationship with Burisma, an energy company based in Kyiv, Ukraine. More recently, Republicans asked the Department of Justice (DOJ) to look into whether Biden had used his father’s previous position as vice president to gain leverage for personal gain.

Some Republicans have decried Weiss’ appointment, saying he has mishandled the investigation so far. On X, formerly known as Twitter, the House Judiciary Committee blasted the decision.

“David Weiss can’t be trusted and this is just a new way to whitewash the Biden family’s corruption,” the committee wrote.

Recent testimony from two IRS special agents, Gary Shapley and Joseph Ziegler, furthered those concerns. In hearing of the U.S. House of Representatives’ Committee on Oversight and Accountability, the two suggested that the investigation had sidestepped other potential misdemeanor and felony charges related to Biden’s actions in 2017, 2018, and 2019.

Others argue that because Weiss has overseen the investigation thus far, he is the most equipped to continue its work in the role as special counsel.

What is his professional history? Weiss began his legal career as a clerk in 1984 for the office of Justice Andrew D. Christie, a member of the Delaware Supreme Court. Since then, Weiss has served as an assistant U.S. attorney, made partner at Duane Morris LLC, and went on to become senior vice president at The Siegfried Group, an investment services firm. In February 2018, President Donald Trump appointed Weiss to the role of U.S. attorney for the District of Delaware.

What does the appointment of a special counsel mean for the case? If the attorney general feels it’s in the public’s best interest for an independent investigator to handled a case—usually because of the potential for a conflict of interest—he may appoint a special counsel. The powers of a special counsel are similar to those of a U.S. attorney, but his or her jurisdiction may be wider, depending on the scope set by the attorney general. Additionally, a special counsel has more direct control over resources and personnel than a U.S. attorney.

According to the Title 28 of the U.S. Code, a special counsel“shall be selected from outside the United States Government” to create a degree of separation with the current administration’s Justice Department. U.S. attorneys have served as special counsel before despite their affiliation with the government, though it is rare. John Durham was a U.S. attorney in Connecticut before being appointed to investigate the origins of the Justice Department’s Russian election interference probe.

Where did the investigation leave off? After a grand jury indictment in Delaware—but before a criminal trial—Biden cut a plea deal with U.S. prosecutors to fend off three charges; two misdemeanor counts of tax evasion on an excess of $100,000 and one felony count of possession of a firearm by a person who is an unlawful user and addicted to a controlled substance. In a last-minute decision, the deal was rescinded. According to the judge presiding over the dispute, the agreement sought to grant unusual immunity from future charges.

“These agreements are not straight-forward and they contain some atypical provisions … I am not in a position where I can decide to accept or reject the plea agreement, so I need to defer it,” the judge wrote.

After the prosecution and Biden’s representation attempted to clarify the terms of the agreement, the plea deal fell apart. Biden’s legal team maintains that at least the portions that deal with the felony charge could still be valid.