Trump Chose the Attorney Who Offered Hunter Biden Plea Deal

Republicans are decrying the plea deal reached between Hunter Biden and the Department of Justice (DOJ) as a "sweetheart deal" and proof of a double standard in federal prosecutors' treatment of former President Donald Trump—but Trump himself appointed the United States attorney who signed off on the agreement.

The DOJ on Tuesday charged Hunter Biden, the son of President Joe Biden, with failure to pay federal income tax and illegally possessing a weapon. His legal team reached a deal with federal prosecutors that allows him to plead guilty to misdemeanor tax offenses, and he is expected to reach a deal with prosecutors on the felony charge of illegally possessing a firearm as a drug user, the Associated Press reported Tuesday morning.

The deal has sparked criticism from many Republicans, who view the agreement as a slap on the wrist for Hunter Biden while the DOJ has thrown more severe charges at Trump, who pleaded not guilty to 37 charges in the case surrounding whether he improperly stored classified documents, including at least one related to the U.S. military, at his Mar-a-Lago residence. Republicans have claimed the Justice Department has been weaponized against Trump under the Biden administration.

"People are going wild over the Hunter Biden Scam with the DOJ!" Trump wrote in a Truth Social post.

David Weiss U.S. Attorney
Above, an image of U.S. Attorney David Weiss, who approved a plea deal to Hunter Biden on Tuesday. Weiss was appointed to the position by former President Donald Trump, who has been critical of the... Delaware US Attorney's Office

However, U.S. Attorney David Weiss, who offered the agreement to Hunter Biden, was appointed to that position by Trump.

Weiss, the U.S. attorney in Delaware, launched the Hunter Biden probe in 2018 after being appointed to the role by Trump in 2017. The U.S. Senate confirmed his appointment by voice vote in February 2018.

Newly-elected presidents typically request their predecessors' U.S. attorneys step down when they come into office, but Biden has refrained from removing Weiss over the Hunter Biden investigation, as doing so would likely draw criticism and allegations of trying to interfere in the investigation.

Former U.S. Attorney Gene Rossi told Newsweek in a phone interview that while parts of the deal may be generous to the younger Biden, the fact that a Republican-appointed attorney made the call likely indicates that "politics did not sway the deal either way."

"The decision by Republican U.S. attorney seems to in fact throw cold water on their major argument that this was a sweetheart deal and that they did it to help President Biden's reelection chances," he said.

Still, Rossi said he has never seen a defendant receive only a misdemeanor charge for failing to report taxes worth $3 million but would need to see if Hunter Biden took "any specific acts that he took to either hide, conceal or divert attention" from that $3 million to determine if the deal was "overly generous."

Newsweek reached out to the Trump campaign for comment via email.

Christopher Clark, an attorney for Hunter Biden, told the Associated Press: "I know Hunter believes it is important to take responsibility for these mistakes he made during a period of turmoil and addiction in his life. He looks forward to continuing his recovery and moving forward."

Karoline Leavitt, the spokesperson for the Trump-aligned Make America Great Again Inc. super PAC, slammed the deal in a statement posted to Twitter.

"As President Trump predicted, Biden's Justice Department is cutting a sweetheart deal with Hunter Biden in order to make their bogus case to 'Get Trump' appear fair," Leavitt tweeted. "Meanwhile, Biden's DOJ continues to turn a blind eye to the Biden family's extensive corruption and bribery scheme. The American people need President Trump back in office to appoint a truly independent special prosecutor that will finally bring justice."

Uncommon Knowledge

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Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.

About the writer


Andrew Stanton is a Newsweek weekend reporter based in Maine. His role is reporting on U.S. politics and social issues. ... Read more

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