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IRS agent's notes quote prosecutor saying he's 'not the deciding person' on Hunter Biden charges

IRS Supervisory Agent Gary Shapley's handwritten notes, obtained by Just the News, call into question both Weiss' representation to Congress as well as other witness testimony released in recent days, his lawyer said.

Published: September 13, 2023 11:12am

Updated: September 13, 2023 11:13am

An IRS whistleblower's contemporaneous notes of his October 2022 meeting with Delaware U.S. Attorney David Weiss quotes the prosecutor as saying he was "not the deciding person" on charging Hunter Biden with tax crimes, according to documents transmitted by his lawyer to Congress on Thursday,

IRS Supervisory Agent Gary Shapley's handwritten notes, obtained by Just the News, call into question both Weiss' representation to Congress as well as other witness testimony released in recent days, according to the letter to House Ways and Means Committee Chairman Jason Smith from Tristan Leavitt, the president of the Empower Oversight whistleblower center and a lawyer representing Shapley.

The notes attached to the letter clearly state Weiss told agents that he had tried to be appointed a special counsel unsuccessfully and was not going to bring criminal charges against Hunter Biden for failing to pay taxes on 2014-15 income, including hundreds of thousands of dollars he had received in compensation from Burisma Holdings in Ukraine.

"Weiss stated -- He is not the deciding person," Shapley wrote in the notes of a meeting with senior investigators and Weiss. "Not going to charge 14/15."

Later in the meeting, the notes quote Weiss as saying he had requested and was denied permission to become a special counsel, which would have given him power to charge Biden in other cities such as Washington D.C. and Los Angeles.

"Weiss requested Special Counsel status in D.C.. Main DOJ said 'no.' Follow the process," Shapley wrote.

You can read the notes here.

Leavitt said he transmitted the notes to Smith after testimony from a senior FBI Agent Thomas J. Sobocinski's was leaked to The Washington Post. Democrats used the leak to call into question Shapley's bombshell testimony earlier this summer about irregularities in the Hunter Biden prosecution.

A judge recentl rejected a plea deal between Weiss' office and Hunter Biden that would have spared the first son prison time. Weiss has now been appointed a special counsel a year after the October 2022 meeting and has announced plans to indict Hunter Biden by the end of the month.

"According to the Washington Post story, Mr. Sobocinski reportedly failed to recall in his interview with Committee staff certain details of the meeting recorded in SSA Shapley’s email," Leavitt wrote. "However, Mr. Sobocinski apparently acknowledged that he took no notes in the meeting, nor did he document it in any contemporaneous fashion afterwards. By contrast, SSA Shapley took notes during the meeting."

"In order for you to assess the truthfulness and reliability of Mr. Sobocinski’s testimony, please find attached a version of the contemporaneous handwritten notes that redacts information not previously
released by the House Ways and Means Committee," he added.

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