Congressional Republicans want David Weiss to testify about his investigation into Hunter Biden. But now that he’s been appointed special counsel, that is unlikely to happen. 

It is Justice Department policy not to comment on ongoing investigations, meaning Weiss is off limits for congressional testimony as long as he is special counsel. 

The chairmen of the House Judiciary Committee, Oversight Committee and Ways and Means Committee wrote to Attorney General Merrick Garland in June, requesting testimony from 11 Department of Justice employees, including David Weiss. 

The chairmen said these are employees they “believe to possess information concerning allegations of politicization and misconduct with respect to the Department’s investigation of Hunter Biden.” 

In the Senate, every Republican on the Judiciary Committee wrote to Democratic Chairman Dick Durbin, asking him to request a hearing with both Garland and Weiss. They wanted clarity on Weiss’ prosecutorial authority and his pursuit of allegations described in FBI documents. 

However, now that Weiss is special counsel, questions about his authority have been answered. 

“As Special Counsel, he will continue to have the authority and responsibility that he has previously exercised to oversee the investigation and decide where, when, and whether to file charges,” Garland said in his announcement. “The Special Counsel will not be subject to the day-to-day supervision of any official of the Department, but he must comply with the regulations, procedures, and policies of the Department.”

But Republicans on the House Oversight Committee are making it clear that they will continue their inquiry into the Biden family.

In a statement, the committee accused the Justice Department of trying to use the special counsel to help cover up for the Bidens and stonewall congressional investigations. 

“Justice Department officials refused to follow evidence that could have led to Joe Biden, tipped off the Biden transition team and Hunter Biden’s lawyers about planned interviews and searches, and attempted to sneakily place Hunter Biden on the path to a sweetheart plea deal,” the statement said. 

But Democrats on the committee are criticizing the GOP majority for not directly connecting information they received about Hunter Biden to President Biden. 

Regulations require Weiss to provide Garland with a report explaining why he either prosecuted, or declined to prosecute, certain individuals. If Robert Mueller’s Trump-Russia report is any guide, the Weiss report could be the next, and one of the only times he explains his actions publicly — aside from any indictments.

David Weiss was sworn in as the U.S. attorney for the District of Delaware in February 2018. He was appointed by President Trump and he will retain that position as special counsel.