More than 30 Senate Republicans asked Attorney General Garland to give the federal prosecutor who has been investigating Hunter Biden protections and authorities.
The group, which includes Senate Minority LeaderMitch McConnell of Kentucky, wrote in a letter to Garland that the criminal investigation involves the president's son. It would avoid the appearance of impropriety, they said.
The letter argued that the Hunter Biden investigation would be free from political influence if the U.S. Attorney for Delaware was given special counsel authority.
The grounds for any future decision by Weiss on whether to prosecute Hunter Biden could be given insight by Garland if he honors the request. If Weiss isn't granted special counsel status, lawmakers won't get that excuse.
Garland would have to explain to Congress any disagreement he had with an action proposed by Weiss during the investigation, up to and including a recommendation that Hunter Biden be charged.
Hunter Biden has been used by Donald Trump and his allies to attack the president.
The criminal probe was disclosed by Hunter after his father was elected president. He said that Weiss was looking into his finances.
"I take this matter very seriously but I am confident that a professional and objective review of these matters will demonstrate that I handled my affairs legally and appropriately," Hunter said at the time.
There is no way of knowing the full scope of the investigation, but evidence seems to be mounting that Hunter Biden committed numerous federal crimes.
Hunter Biden has not been charged with a crime. It is not known if he will be charged.
An Arkansas woman who had a child by Hunter Biden out of wedlock testified before a federal grand jury in Delaware earlier this year, her lawyer told CNBC. Clint Lancaster said that the woman had handed over a lot of Hunter's financial records.
Lancaster expected Biden to be indicted. I would be surprised if he wasn't indicted.
Christopher Clark didn't reply to the request for comment on the letter to Garland. They didn't speak for Garland and Weiss.
CNBC inquired if Weiss wanted the special counsel designation.
Weiss was named the top federal prosecutor in Biden's home state. Weiss was allowed to stay in his job despite the fact that other U.S. attorneys were not allowed to do so.
It is possible for the attorney general to appoint a special counsel when there is a conflict of interests.
The spokeswoman for John Cornyn said in an email to CNBC that if the attorney general complied with the letter's request, Weiss would get the protections and authorities of special counsel.
The origins of the DOJ's investigation of Russian interference in the election and contacts between Trump's campaign and Russians will be investigated by Durham.
Criminal charges can be filed by special counsels.
They must give the attorney general a confidential report explaining why they decided against prosecuting anyone.
The law requires the attorney general to inform the chairman and ranking minority member of the Senate and House Judiciary committees of any appointment of a special counsel.
The law says that when a special counsel concludes an investigation, the attorney general must give a description and explanation of instances in which the Attorney General concluded that a proposed action was not appropriate.
The law states that the attorney general can decide if the public release of a special counsel's report is in the public interest.
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