Special Counsel Weiss blasts Biden in final Hunter prosecution report

close

Video

Biden's 'cynicism' shocks me the most in Hunter Biden pardon, says Andy McCarthy

Former assistant U.S. attorney Andy McCarthy provides legal analysis on Hunter Biden's pardon and worries over a possible Trump justice department investigation on 'America Reports.'?

FIRST ON FOX: Special Counsel David Weiss blasted President Biden in his highly-anticipated report on his years-long investigation into Hunter Biden, saying the commander-in-chief's characterizations of the probe into his son were "wrong" and "unfairly" maligned Justice Department officials, while admitting that the presidential pardon made it "inappropriate" for him to discuss whether any additional charges against the first son were warranted. 

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

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. 

HUNTER BIDEN: A LOOK AT HOW THE SAGA SPANNING OVER SIX YEARS UNFOLDED

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.'"

"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. 

Hunter Biden, son of President Biden departs the J. Caleb Boggs Federal Building on June 3, 2024 in Wilmington, Delaware.? (Anna Moneymaker/Getty Images)

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. 

BIDEN PARDONS SON HUNTER BIDEN AHEAD OF EXIT FROM OVAL OFFICE

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. 

Attorney General Merrick Garland appointed investigator David Weiss as special counsel in the Hunter Biden investigation. (Fox News)

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. 

Attorney General Merrick Garland speaks with reporters during a news conference at the Department of Justice, Wednesday, Dec. 6, 2023, in Washington, as Secretary of Homeland Security Alejandro Mayorkas, left, and FBI Director Christopher Wray, look on. (AP Photo/Mark Schiefelbein)

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. 

CLICK HERE TO GET THE FOX NEWS APP

"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." 

Late Monday, Hunter Biden's attorney, Abbe Lowell, issued a response to Weiss' report to Fox News: "Like all his court filings, David Weiss’ 27-page report continues to ignore some of the major mysteries of his 7-year investigation. Mr. Weiss conveniently omits his proposal to resolve this investigation in 2023 with a pair of misdemeanors and a diverted gun charge recommended by career prosecutors. Mr. Weiss also fails to explain why he reneged on his own agreement, a reversal that came at the 11th hour in court as he and his office faced blistering attacks from Republicans and his then filing unprecedented charges for someone with no aggravating gun factors who had paid his taxes in full years before the charges were filed. Finally, and most curious, Mr. Weiss fails to clarify why he and his prosecutors pursued wild – and debunked – conspiracies about Mr. Biden by a Russian agent that prolonged this investigation and ultimately cost taxpayers millions of dollars. What is clear from this report is that the investigation into Hunter Biden is a cautionary tale of the abuse of prosecutorial power."