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David Weiss leaves a conference room
David Weiss departs for a break during a transcribed interview before members of the House Judiciary Committee in Washington, D.C., on Tuesday.Alex Brandon / AP

Special counsel fails to tell GOP members what they wanted to hear

For the first time, a special counsel talked to Congress during an open investigation. David Weiss did not, however, tell the GOP what it wanted to hear.

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When previous special counsels have answered congressional questions, they’ve done so after the completion of their investigations. This has always made sense: Federal investigators, working independently, can’t comment on ongoing probes, so it stands to reason that they’d remain silent until their examinations are complete.

This week, however, offered an unprecedented exception. NBC News reported:

Special counsel David Weiss, who is overseeing the investigation into Hunter Biden, told the House Judiciary Committee on Tuesday that he was not thwarted from advancing charges against the president’s son.

To briefly recap for those who might benefit from a refresher, Weiss has been investigating Hunter Biden for several years, and after Joe Biden began his presidency, the Democratic administration made a point to leave Weiss in place. The Trump-appointed prosecutor was pursuing a case against the president’s son, but Joe Biden and Justice Department officials agreed that the right thing to do was to allow Weiss to continue his work.

Over the summer, Attorney General Merrick Garland elevated Weiss from the role of a U.S. attorney investigating the president’s son to a special counsel investigating the president’s son. Congressional Republicans requested that this happen. They then complained bitterly when it did happen.

But that’s not all GOP members said. Weiss has also been at the heart of a variety of partisan conspiracy theories, which led to his closed-door testimony before Chairman Jim Jordan’s House Judiciary Committee.

“At no time was I blocked, or otherwise prevented from pursuing charges or taking the steps necessary in the investigation by other United States Attorneys, the Tax Division or anyone else at the Department of Justice,” Weiss told lawmakers, according to prepared remarks obtained by NBC News.

He went on to say that he’s bound by federal laws, the principles of federal prosecution, and Justice Department guidelines, but “these processes did not interfere with my decision-making authority.”

Weiss further confirmed that he’s had no direct communications with the attorney general, except for his written request in August that he receive special counsel status.

Or put another way, the assorted ideas GOP members have clung to for months were thoroughly rejected by the Trump-appointed prosecutor.

Democratic Rep. Ted Lieu of California described the Q&A with Weiss as “stupid“ and unnecessary. Democratic Rep. Mary Gay Scanlon of Pennsylvania added that the hearing was “a farce” and “an absolute waste of time.”