A top prosecutor appointed by Biden has verified whistleblower claims that he declined to prosecute Hunter Biden for tax crimes, but was bizarrely blamed for a “lack of resources” as the main reason behind his decision.
DailyMail.com reviewed the transcript of a closed-door House Judiciary Committee interview with U.S. Attorney Martin Estrada for the Central District of California.
Estrada’s interview comes after IRS whistleblowers Gary Shapley and Joseph Ziegler testified under oath that Hunter Biden received “special” treatment in the investigation into his financial dealings.
He is the top prosecutor. The whistleblowers claimed that tax fraud charges should have been filed against Hunter, but they were not.
When asked why he didn’t file charges against the president’s son, Estrada told congressional investigators he was understaffed.
“I was short 40 AUSAs (Assistant U.S. Attorneys) at the time, so we had very few resources. We were trying to hire as many people as possible and had very limited resources. And every lawyer you assign to one case means you can’t handle another case,” he said, according to the Oct. 24 transcript.
Estrada gave details of a phone conversation he had in October 2022 with David Weiss – the lead investigator on Hunter Biden’s gun and tax crimes. He was appointed special counsel by Attorney General Merrick Garland in August after the whistleblowers came forward.
Martin Estrada is an American attorney serving as the United States Attorney for the Central District of California since September 2022
The House Judiciary Committee is led by Rep. Jim Jordan, R-Ohio
During the phone call, Weiss, the U.S. attorney in Delaware, asked Estrada to work with him on Hunter’s case, which he declined.
“And it seemed like, and he didn’t follow through when I told him the situation, that we wouldn’t be co-counseling, but he did express his appreciation when I offered administrative support,” Estrada told members and staff on Tuesday.
He went on to say that while he declined to prosecute the case, he felt it would be “immaterial” to whether Weiss would ultimately file charges — which he initially did not.
Estrada also claimed that he “never” took steps to stop Weiss from filing charges against Hunter in California.
Weiss charged Hunter last month with three felonies related to lying on a federal gun application form while under the influence of drugs. He faces a maximum sentence of 25 years in prison and has pleaded not guilty.
The new not guilty plea comes after what Republicans called a “sweetheart” plea deal — which would have seen Joe Biden’s son avoid jail time — collapsed this summer.
Republicans, including House Judiciary Chairman Jim Jordan, have pointed to discrepancies between Attorney General Merrick Garland and U.S. Attorney Weiss’ public statements on the Hunter Biden case and who had “full authority” to son of the president.
Estrada told investigators he disagreed with the characterization that Weiss had the “ultimate authority” to bring charges in any district — before he was named special prosecutor.
“I thought (Weiss) had the authority to bring charges wherever he wanted when he was U.S. attorney and especially since he’s now a special prosecutor,” Estrada said.
But when he pressed further for the exact definition of ultimate authority, he backtracked and called the phrase “vague.”
Estrada also said that only the attorney general has the “ultimate authority” over the entire Department of Justice.
Whistleblowers Ziegler and Shapley also testified that Weiss asked DC U.S. Attorney Matthew Graves to file “crimes and misdemeanors” charges against the president’s son.
But after Graves declined, Weiss threw out the possible misdemeanor charge and struck a plea deal with the president’s son that included no jail time. Hunter is expected in court Wednesday to make the plea deal official.
“I watched as U.S. Attorney (David) Weiss told a room full of senior FBI and IRS leaders on October 7, 2022 that he was not the final decision on whether charges were filed,” Shapley said, contradicting Weiss’ previous public statements.
“If Delaware U.S. Attorney David Weiss had followed DOJ policy as he stated in his most recent letter, Hunter Biden should have been charged with a tax crime, not just the tax crime,” Ziegler said.
“We must treat every taxpayer the same under the law.”
Graves has denied allegations that he contributed to improper political interference during the federal investigation into Hunter Biden.
According to a transcript reviewed by DailyMail.com, Graves said he was “surprised” by the whistleblowers’ claim that his office blocked a request by Weiss to file charges against Hunter.
The allegations were “not consistent with my recollection,” Graves told congressional investigators on Oct. 3.
US Attorney Weiss will be questioned behind closed doors in Congress on November 7
Hunter Biden stood in court in September to plead not guilty to three felonies related to lying on a federal gun application form while under the influence of drugs
House Judiciary Chairman Jim Jordan will question Weiss behind closed doors in November
Weiss also sent a letter to the House Judiciary Committee seeking to clarify his role in the investigation and emphasizing that he actually has the “ultimate authority” in the criminal gun and tax case against the president’s son.
He explained that as the U.S. attorney for Delaware, his charging authority is normally “geographically limited” to that district, but said Attorney General Merrick Garland had promised to grant him special attorney status to bring charges anywhere.
However, Garland said Weiss was free “to make a decision to prosecute in any way he wanted and in any district in which he wanted to.”
DOJ attempted to clarify the discrepancies in the letter to Jordan.
“Although testimony at this early juncture should be appropriately limited to protect the ongoing case and important confidentiality interests, the Department recognizes your stated interest in addressing aspects of this case at short notice, such as the authority and jurisdiction of the U.S. Attorney Weiss to press charges anywhere. he deems appropriate.’
Stuart Goldberg of the Tax Division is also expected to meet with House Judiciary Committee staff this week.
DailyMail.com also confirmed last week that U.S. Attorney David Weiss of Delaware will be questioned behind closed doors in Congress on November 7.