New emails reveal David Weiss’s discussion on ex-DOJ official linked to Hunter Biden.
Newly Released Emails Reveal Concerns About Potential Conflict of Interest in Hunter Biden Case
Recently disclosed emails have shed light on discussions held by Delaware U.S. Attorney David Weiss and his team regarding a congressional request for information about a Justice Department official with a potential conflict of interest in the Hunter Biden case. The emails, although heavily redacted, indicate that the Justice Department, rather than Weiss’s office, took the lead in responding to Congress, despite assurances from Attorney General Merrick Garland that Weiss was operating independently in the investigation.
“[T]he Acting Assistant Attorney General is screened and recused from matters in which he has a financial interest or a personal business relationship, including matters involving his former law firm,” the DOJ had written in its letter.
The emails, obtained by the Heritage Foundation through a Freedom of Information Act lawsuit, primarily focus on the congressional requests concerning then-Assistant Attorney General Nicholas McQuaid, who had a potential conflict of interest. The Justice Department’s Office of Legislative Affairs worked on a response to Senators Chuck Grassley and Ron Johnson, with Weiss only given the opportunity to review the letter produced by the Justice Department, rather than drafting his own.
Questions Surrounding McQuaid’s Involvement
Grassley and Johnson’s letter to Weiss, which was later taken over by the Justice Department, raised concerns about McQuaid’s potential involvement in the Hunter Biden case. Prior to joining the Justice Department, McQuaid had been a partner at the law firm representing Hunter Biden, and he had worked closely with Christopher Clark, Hunter Biden’s former lead defense attorney. Grassley and Johnson questioned whether McQuaid had recused himself from overseeing the investigation due to his previous ties to Hunter Biden’s defense team.
The Justice Department had previously hinted at McQuaid’s possible recusal in a letter to Grassley and Johnson, but no definitive information or recusal memo was provided. McQuaid left the Justice Department shortly before Weiss’s meeting with investigators on the Hunter Biden case, during which he revealed that his request for special counsel status had been denied and that two other U.S. attorneys appointed by President Joe Biden had hindered his ability to charge Hunter Biden outside of Delaware.
McQuaid has since returned to Latham & Watkins, the law firm assisting in Hunter Biden’s defense. While at Latham & Watkins, McQuaid did not represent Hunter Biden or have any involvement in the case. However, several of Hunter Biden’s defense attorneys, including Christopher Clark until April, currently work at the firm.
Implications for Weiss’s Independence
The emails obtained through the FOIA lawsuit suggest that Weiss was not allowed by the Justice Department to address questions about his work. This raises doubts about the independence of Weiss’s investigation, contradicting statements made by Attorney General Garland. The Heritage Foundation’s Oversight Project, which filed the lawsuit, seeks documents related to Weiss’s potential request for special counsel status and his attempts to bring charges against Hunter Biden outside of Delaware.
Despite the heavily redacted nature of the emails, they are significant as they reveal discussions about the limitations imposed on Weiss’s office by the Justice Department. The multiple congressional inquiries regarding McQuaid and other aspects of the Hunter Biden investigation appear to have sparked these discussions.
President Joe Biden appointed McQuaid to his position at the DOJ Criminal Division on his first day in office, prompting scrutiny due to his previous connection to Hunter Biden’s defense team. The Justice Department’s response to concerns about McQuaid’s involvement has been limited, with a letter in February 2021 confirming that he had received ethics training and would hypothetically recuse himself from matters involving his former law firm, Latham & Watkins.
During his time at the Justice Department, McQuaid visited the White House on multiple occasions, as indicated by White House visitor logs.
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