Was Garland Lying? New York Times Confirms Weiss was Blocked from Bringing Additional Charges

by | Jun 28, 2023


I recently wrote a column entitled “Who is Lying? Merrick Garland or the Whistleblowers?” after the allegations of IRS whistleblowers and the categorical denial of Attorney General Merrick Garland on the Hunter Biden investigation. I noted that it would not be a difficult question to answer given the highly specific account of the whistleblowers of meetings, including witnesses. Now the New York Times has confirmed one of the key allegations. While the newspaper stated

As I said at the outset, Mr. Weiss, who was appointed by President Trump as the U.S Attorney in Delaware and assigned this matter during the previous administration, would be permitted to continue his investigation and to make a decision to prosecute any way in which he wanted to and in any district in which he wanted to… I don’t know how it would be possible for anybody to block him from bringing a prosecution, given that he has this authority.

He also denied the allegation that Weiss asked for special counsel status.

I am not sure what is worse: that Garland was clueless or duplicitous. Despite my support for his nomination, Garland has not been a success at Justice. Indeed, from the start, he seemed to shrink from view.

There is also a danger of willful blindness on the part of Garland in avoiding such knowledge as underlings undermined Weiss. We simply do not know, but we need to know.

In speaking with people at Justice, Garland does not appear to be a hands-on manager in the model of Bill Barr. While he cannot be called a figurehead, he is certainly not someone who conveys operational or active control of the department.

If Weiss was refused the ability to charge in two other jurisdictions, the key question is whether he did in fact ask for special counsel status. If so, Garland could be facing serious consequences, even an impeachment effort.

The coverage by the New York Times suggests that the media may be forced to cover this story albeit reluctantly. For Democratic members, it is now becoming even more embarrassing. Democrats unanimously opposed the release of the recent evidence and have opposed efforts to investigate the Biden corruption scandal.

What is clear is that Congress now has ample basis to pursue these answers fully and aggressively. With both potential criminal and impeachable questions, the authority of Congress is at its apex in using subpoenas to get to the bottom of this scandal.

Reprinted with permission from JonathanTurley.org.


  • Jonathan Turley

    Professor Jonathan Turley is a nationally recognized legal scholar who has written extensively in areas ranging from constitutional law to legal theory to tort law. He has written over three dozen academic articles that have appeared in a variety of leading law journals at Cornell, Duke, Georgetown, Harvard, Northwestern, University of Chicago, and other schools.