Why the power of a US attorney has become a flashpoint in the Hunter Biden case

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Why the power of a US attorney has become a flashpoint in the Hunter Biden case
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House Republicans have grilled Attorney General Merrick Garland about the Justice Department investigation of Hunter Biden in a contentious hearing that delved into aspects of the criminal justice system that typically play out long before the case enters a public courtroom.

Attorney General Merrick Garland appears before a House Judiciary Committee hearing, Wednesday, Sept. 20, 2023, on Capitol Hill in Washington. on Wednesday about the Justice Department investigation of Hunter Biden in a contentious hearing that delved into aspects of the criminal justice system that typically play out long before the case enters a public courtroom.

While the Hunter Biden case is far from typical, it touches on some of the more mundane but less-well-understood aspects of the criminal justice system.HOW DO CASES GET FILED? The order – its name references a section of federal law – says the prosecutor has been directed to work in the other jurisdiction by the attorney general. Such an order, requiring approval in this case by Garland or another senior Justice Department official, gives the prosecutor what’s typically known as “special attorney” status.

This person is not subject to day-to-day supervision of the Justice Department, but must still comply with department regulations, policies and procedures. The attorney general is expected to give great weight to special counsels' views, but can also seek explanations about any investigative or prosecutorial step they want to take.

Gary Shapley, a veteran IRS agent who had been assigned to the case, testified to Congress in May that he heard Weiss say in a October 2022 meeting that he was not the “deciding person whether charges are filed” against Hunter Biden.

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