Two more IRS officials came forward and detailed how now-special prosecutor David Weiss “was not the decisive person” on whether to charge President Biden’s son Hunter with tax crimes, contrary to Attorney General Merrick Garland’s sworn testimony.
IRS Field Operations Director Michael Batdorf and D.C. IRS Special Agent in Charge Darrell Waldon detailed how Weiss’ investigation was thwarted in recent testimony before the House Ways and Means Committee, whose Transcripts have been reviewed by The Post.
Garland has repeatedly insisted to lawmakers — most recently before the House Judiciary Committee on Wednesday — that Weiss, the U.S. attorney for Delaware, had “full authority” to bring cases against Hunter Biden wherever he wanted and that Garland would not interfere. personally in the investigation. .
However, Batdorf told lawmakers during a transcribed interview on Sept. 12 that the Justice Department’s Tax Division would also have had to approve any charges Weiss wanted to file.
IRS whistleblowers Gary Shapley and Joseph Ziegler have publicly detailed their concerns about the Hunter Biden investigation.Getty Images
“[M]What we would understand would be that the Tax Department of the Department of Justice has to authorize it first,” recalled the 22-year veteran of the tax collection agency. “So, I mean, my understanding is that, I mean, he can’t do that [charging] decision without fiscal authorization from the Department of Justice.”
Batdorf recalled attending a June 2022 meeting involving Weiss, IRS criminal investigators and FBI officials in which Justice Department Tax staff rejected charges against the first son, while holding conferences. with Hunter Biden’s legal team.
When asked how many times the two sides met, Batdorf could not remember specifically, but said there had been “more than two” meetings and possibly as many as four.
IRS Director of Field Operations Michael Batdorf appeared to refute claims that IRS whistleblowers were reassigned due to retaliation. CPA Academy
“Is it typical in a tax investigation to meet with the defense attorney two, three, four times?” Batdorf was asked, to which he responded, “No.”
Batdorf also said he had approved a report recommending felony and misdemeanor tax charges dating back to 2014 against Hunter, now 53, including charges related to income from the first son’s seat on the Ukrainian gas company’s board of directors. natural Burisma Holdings.
Those revenues are referenced in notes that IRS whistleblower Gary Shapley took during an Oct. 7, 2022 meeting, in which he alleged that Weiss disclosed that he was not the “official who decides whether charges will be filed.”
Republicans have emphasized that David Weiss took on the role of federal prosecutor for Delaware through the blue notice process under the Trump administration.
At the same meeting, Shapley noted in a later report, investigators found that the younger Biden would not be charged for alleged tax crimes committed in 2014 or 2015. In his report, Shapley said he disagreed with the decision not to press charges. . noting that there was “a large amount of unreported income in that year from Burisma that we have no mechanism to recover.”
Waldon, who also participated in the Oct. 7 meeting, received a copy of Shapley’s notes on Weiss by email four days later and confirmed to Shapley that he had “covered everything.”
Batdorf also testified that he had no reason to doubt Shapley’s notes and that Waldon did not convey to him any feelings of doubt about them.
Republicans are seeking to obtain testimony from David Weiss later this year. Damian Giletto/Delaware News Journal via Imagn Content Services, LLC
Waldon, in his Sept. 8 interview with the committee, said he understood Shapley’s description that Weiss was not the “decider person” as a reference to the process of working with other U.S. lawyers to bring cases against Hunter Biden in the Southern California and Washington, DC. – Again against Garland’s testimony that “no one had the authority” to turn Weiss away if he wanted to press charges there.
“Every time a federal prosecutor has to go to another district, there is a process in which they collaborate… they talk and decide whether they are going to participate or not… My understanding was that they did not want to collaborate in the case.” he said.
“There were proceedings that Mr. Weiss would have to resolve with the Department of Justice, and that is my basic understanding,” Waldon added later in the interview.
IRS whistleblowers Gary Shapley and Joseph Ziegler were reassigned from the Hunter Biden investigation amid tensions with David Weiss.Getty Images
Both IRS officials praised the whistleblower for his diligence as an investigator.
“Gary is a fantastic agent. He is a bulldog. He will get to the bottom of the matter,” Batdorf said at one point in his interview.
Waldon, for his part, responded affirmatively when asked to confirm that Shapley had received the “highest performance rating in recent years.”
Republicans have hinted at plans to eventually subpoena Hunter Biden.AFP via Getty Images
Still, both Batdorf and Waldon moved to remove Shapley from the case as friction grew between IRS investigators and Weiss over the lack of charges. The agency withdrew the entire investigative team from the Hunter Biden case in May of this year.
“I mean, Darrell and I made the decision to remove Mr. Shapley in December, when we knew there was a problem, a potential problem in the future,” Batdorf testified.
“Gary has a tendency to get to the level, like grade seven, five-alarm fire on everything,” he added. “He has the mentality that if you don’t agree with him, you’re just incompetent.”
Congressional Republicans have investigated the Biden family’s foreign business dealings. AFP via Getty Images
“Prior to leaving the position of special agent in charge, in February, I recommended to Mr. Batdorf that Gary Shapley be removed as SSA from the Hunter Biden investigation, primarily due to what I perceived to be unsubstantiated allegations of motive, intent and bias.” . ”Waldon testified.
“And again, my goal was to protect the integrity of the investigation and find a way to move forward.”
Waldon also recounted a conversation with Weiss, who said he was “no longer going to respond to Mr. Shapley’s emails” due to “a conflict over the discovery.”
Hunter Biden has now pleaded not guilty to both firearms charges and misdemeanor tax crimes. AFP via Getty Images
“The U.S. Attorney’s Office was no longer working or speaking with Mr. Shapley. And there was nothing immediate; I didn’t think that would be resolved quickly. And to move the investigation forward, I recommended that he be removed,” Waldon said.
Batdorf told investigators that Weiss thought Shapley was being too slow to turn over evidence for discovery purposes in the fall of 2022, evidence that allegedly detailed Shapley’s problems with Weiss’s handling of the investigation.
“So when Mr. Weiss was pushing for discovery in mid-November or late October, and then following up in mid-November, he was pushing for information from Mr. Shapley that would include Mr. Shapley reporting about the concerns I had. he had about Mr. Weiss’s conduct in this matter. “Is that fair?” He asked Batdorf.
President Biden has strenuously denied interfering in his son Hunter’s business activities abroad. AFP via Getty Images
“Yes. If it was within that period that you requested, yes. Yes, it’s fair,” Batdorf responded.
Waldon also said Shapley raised several concerns with him about the Biden investigation, but he refused to pass them on to the Treasury Department’s inspector general’s office because he “didn’t see evidence to support it.”
The House Judiciary Committee has separately issued subpoenas for Waldon, Batdorf and FBI Baltimore Assistant Special Agent in Charge Ryeshia Holley, all of whom were present at the Oct. 7, 2022 meeting, to testify.
Additionally, Judiciary Committee Chairman Jim Jordan (R-Ohio) wants to hear Weiss’ testimony next month.
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