Prosecutor says Burisma tax evasion charges expired, but Hunter Biden still faces legal jeopardy

In an interview with Congress, Special Counsel David Weiss corroborated key parts of the IRS whistleblowers’ story, including that the statute of limitations had expired on charges that Hunter Biden evaded taxes a decade ago on some of his Burisma Holdings income in Ukraine.

But the prosecutor also strongly signaled the first son still faces serious legal jeopardy beyond the gun charges he already is fighting.

Weiss this week told House Judiciary Committee Chairman Jim Jordan, in a transcribed interview reviewed by Just the News, that his office is still ramping up staff and that even if Hunter Biden’s prison-sparing, now-scuttled plea deal had been consummated this summer, there was a likelihood of additional criminal charges and investigation.

“I can say that at no time was it coming to a close,” Weiss answered when asked about the impact of the plea deal rejected by the court this summer. “I think, as I stated in the one statement I made at the time the investigation was continuing. So it wasn’t ending there in any event.”

“When the judge would’ve accepted the agreement, it wasn’t over?” he was asked.

“Our efforts were not concluded; that’s correct,” he answered.

To date, Hunter Biden has been indicted on three felony gun charges in Delaware and law enforcement officials told Just the News that Weiss asked this fall to be named a special counsel with broader independence and powers because he is still investigating allegations of illegal foreign lobbying and tax evasion.

Hunter, Biden has pleaded innocent to the gun charges and has denied wrongdoing.

In his interview with the committee, Weiss confirmed significant portions of the information provided to Congress this summer by IRS whistleblowers Gary Shapley and Joseph Ziegler. In particular, he confirmed that he requested in 2022 that the Justice Department grant him special prosecutor powers known as Section 515 “special attorney” status that would have allowed him to seek criminal charges against Hunter Biden in federal courts outside Delaware.

Weiss also confirmed the Biden DOJ did not grant his request though he was told he could eventually get it if he followed a certain process.

“I did ask for 515 Special Attorney authority,” Weiss stated.

“When did you do that?” he was asked.

“In the spring of 2022,” he answered.

Later he added: “It wasn’t granted. They said, follow the process. I followed the process.”

“When you ask for something and they don’t give it to you, what is that?” investigators inquired.

“I asked for something, and in that conversation they didn’t give it to me,” he replied.

Weiss also corroborated the IRS whistleblowers’ account that he the Biden-appointed U.S. Attorneys in Los Angeles and Washington declined to partner with him in charging Hunter Biden with tax evasion dating to 2014. The IRS agents testified previously they had evidence that Hunter Biden did not pay taxes on $400,000 in income he received in 2014 from Burisma Holdings in Ukraine.

The prosecutor likewise confirmed that after his colleagues in Los Angeles and Washington declined to partner with him, the statute of limitations on those charges expired. He declined to say why, saying he will address the issue in any final report he writes to Attorney General Merrick Garland.

But in his answer, he also put Hunter Biden and his lawyers on notice more tax charges could be forthcoming and they could include the issue of unpaid taxes dating to 2014. In some cases, prosecutors can raise charges outside the statute of limitations by building a conspiracy case.

“Even though the statute of limitations has lapsed and even though charges won’t be filed, if there were to be an outstanding tax prosecution, there is no reason to believe that evidence pertaining to prior years, or witnesses involved in prior years, wouldn’t be part of that litigation,” Weiss told lawmakers.

Weiss declined to address when his probe will end.  But he addressed a common refrain from Democrats that he was an appointee of Donald Trump and therefore independent of Garland and Biden. He affirmed Biden has the power to fire him, at will.

“U.S. Attorneys serve at the pleasure of the President. That is correct,” he stated.

“So currently you serve at the pleasure of President Biden, correct?” he was asked.

“I do,” he answered.