Hunter Biden special counsel David Weiss to speak with congressional investigators

Washington — The federal prosecutor leading the investigation into Hunter Biden will speak with congressional investigators in the coming weeks, two sources familiar with the matter confirmed to CBS News. 

Special counsel David Weiss — who charged President Joe Biden's son with three felony gun charges and also currently serves as the U.S. attorney in Delaware — voluntarily agreed to testify behind closed doors before the House Judiciary Committee on Nov. 7, the sources said. 

The scheduled meeting between the special counsel and House investigators comes after the Justice Department agreed to comply with a request to make Weiss available to answer certain questions about the scope of his authorities and other matters related to allegations by former IRS agents that his investigation into Hunter Biden was handled improperly. 

The Justice Department declined to comment on Weiss' upcoming testimony, and Weiss has not commented.

In July, Hunter Biden was charged in Delaware with two misdemeanor tax counts and a felony gun charge as part of a plea and diversion agreement with Weiss' office. That deal ultimately fell through in a dramatic court hearing later that month after questioning from the judge revealed disagreements between the parties. 

An IRS agent who worked on the case told congressional investigators and CBS News that the evidence he saw warranted more severe charges, and he alleged in testimony that Weiss suggested he was blocked from bringing charges in any jurisdictions outside Delaware, including Washington, D.C.

Weiss, a Trump appointee, has remained U.S. attorney in the Biden administration in order to continue overseeing the Biden probe, and was ultimately named special counsel by Garland after requesting the designation, giving him expanded authority to conduct the investigation. 

Hunter Biden was charged with three felony counts in September stemming from his possession of a Colt Cobra 38SPL revolver in 2018, which prosecutors said he unlawfully possessed for 11 days due to his drug use. He pleaded not guilty and his attorneys have said they intend to ask the judge in the case to dismiss the indictment as unconstitutional. 

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• David Weiss
• Hunter Biden