Prosecutors and Hunter Biden’s team were still trying to negotiate a plea deal this week.

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Aug. 11, 2023, 6:08 p.m. ET

Glenn ThrushLuke Broadwater and

Reporting from Washington

Garland appoints Weiss as special counsel in Hunter Biden inquiry.

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Credit...Kenny Holston/The New York Times

Attorney General Merrick B. Garland on Friday elevated the federal prosecutor investigating President Biden’s son Hunter to the status of special counsel after negotiations to revive a plea agreement on tax and gun charges foundered — a signal that the yearslong inquiry has entered a new and unpredictable stage.

Mr. Garland, who made the announcement at the Justice Department’s headquarters in Washington, named David C. Weiss, the U.S. attorney in Delaware who has handled the case since 2018, as special counsel. Around the same time, prosecutors filed court papers indicating that they had reached an impasse with defense lawyers over a proposed plea deal that would have settled tax and gun charges against Hunter Biden, making clear that Mr. Biden might now face a new criminal indictment and a possible trial.

The announcement marked a stunning reversal: Just last month, Mr. Weiss rebutted a claim by a former Internal Revenue Service official that he had asked to be made special counsel — and Mr. Garland scoffed at the idea of appointing him to such a post, saying Mr. Weiss actually possessed more power as a sitting U.S. attorney.

But on Tuesday, Mr. Weiss — who has come under criticism after his plea deal with Mr. Biden fell apart after a contentious court hearing last month — phoned Mr. Garland to request the authority. The designation gives him the power to pursue charges in any jurisdiction he chooses without seeking the cooperation of local federal prosecutors.

Mr. Weiss said the investigation had now “reached the stage” where the powers of a special counsel were necessary to continue, Mr. Garland said.

“The appointment of Mr. Weiss reinforces for the American people the department’s commitment to both independence and accountability in particularly sensitive matters,” Mr. Garland said. “I am confident that Mr. Weiss will carry out his responsibility in an evenhanded and urgent manner and in accordance with the highest traditions of this department.”

Mr. Weiss becomes the third special counsel appointed since Mr. Garland took office in March 2021, joining Jack Smith, who is overseeing the investigations in former President Donald J. Trump, and Robert K. Hur, who is examining President Biden’s retention of sensitive documents from his tenure as vice president.

The announcement means that while Mr. Trump, who is leading the Republican primary, will be dogged by three — possibly four — criminal cases as he runs for president, the elder Biden’s supporters will have to worry about both the special counsel investigation into classified documents and whether the case against his son will become more serious.

Mr. Weiss plans to remain as the top prosecutor in Delaware, but could hire additional staff in Delaware, Washington and other jurisdictions, according to the two people with knowledge of the matter.

As special counsel, he would not be subject to day-to-day supervision by any official at the department, but would be required to inform Mr. Garland and his team of any major developments and decisions in the matter, according to federal regulations.

Perhaps most important, Mr. Weiss would be required to submit a comprehensive report of his findings to Mr. Garland, who said he intended to release as much of that document as he could, within the confines of department policy.

Mr. Garland did not take any questions at his news conference. Several reporters shouted versions of the same to query as he walked away: Did he still have confidence in Mr. Weiss after the failure of the plea agreement, which would have resulted in no prison time for the president’s son?

The appointment on Friday all but ensures that a yearslong investigation into a wide array of conduct in Hunter Biden’s life — including his foreign business dealings, drug use and taxes — will continue even longer. The investigation appeared to be coming to an end weeks ago, until a federal judge in Delaware refused to approve the proposed plea deal.

The decision is likely to anger the president and Democrats. They have privately complained about the attorney general, who they believe moved too slowly to investigate Mr. Trump’s attempts to overturn the 2020 election and should not have appointed a different special counsel to investigate whether President Biden has mishandled classified documents.

Hunter Biden’s lawyer, Christopher Clark, said he expected “a fair resolution” to the case whether it is charged in Delaware, Washington or elsewhere.

“This U.S. attorney has diligently been investigating my client for five years, and he had proposed a resolution which we fully intend to pursue in court,” Mr. Clark said in a statement. “It is hard to see why he would have proposed such a resolution if there were other offenses he could have successfully prosecuted, and we are aware of none.”

In June, Mr. Weiss and Mr. Clark signaled that they had reached a plea deal that suggested the investigation would end. Around that time, House Republicans brought forth two I.R.S. agents who worked on the investigation and claimed that there had been political interference.

Late last month, a federal judge in Wilmington, Del., put the plea deal on hold, expressing a range of concerns until both parties addressed them. Mr. Clark and the Justice Department prosecutors overseeing the case had distinctly different understandings of the immunity Hunter Biden would receive from the deal.

House Republicans quickly signaled the special counsel appointment would not alleviate their criticism of the investigation into Hunter Biden.

“This is just a new way to whitewash the Biden family’s corruption,” said Russell Dye, a spokesman for Representative Jim Jordan, Republican of Ohio and the chairman of the Judiciary Committee. “Weiss has already signed off on a sweetheart plea deal that was so awful and unfair that a federal judge rejected it.”

Speaker Kevin McCarthy said the House Republicans’ investigation will continue regardless of what the Justice Department does.

“This action by Biden’s D.O.J. cannot be used to obstruct congressional investigations or whitewash the Biden family corruption,” he wrote on the social media site X, formerly known as Twitter. “If Weiss negotiated the sweetheart deal that couldn’t get approved, how can he be trusted as a Special Counsel?”

Since the announcement of the plea deal, Republicans in Congress have sharply criticized the government, accusing the Justice Department of cutting a “sweetheart deal” with the president’s son as they conduct their own investigation in an effort to tie his overseas business dealings to Mr. Biden. They have interviewed Hunter Biden’s former business partner and published summaries of WhatsApp messages and unproven allegations from an informant. They have accused the Justice Department of failing to follow tips that could lead to the president and demanded an accounting of specific steps the agency took — or did not take — in the investigation.

The two I.R.S. investigators testified before Congress against the Justice Department over its handling of the case, describing how they believed their work was stymied and delayed during the Trump and Biden presidencies.

One allegation made by the I.R.S. agents was that Mr. Weiss had sought to bring charges against Hunter Biden in Washington and California but was rebuffed after prosecutors in those jurisdictions declined to partner with him. Mr. Weiss has maintained he can obtain special attorney status to bring cases in states outside of Delaware should he make such a request of Mr. Garland.

House Republicans have also issued subpoenas to six banks, detailing millions that were paid to Hunter Biden and his business partners from overseas companies. They also interviewed a former business partner who offered an unflattering portrait of Mr. Biden’s actions.

The business partner, Devon Archer, also suggested questionable judgment on the part of President Biden, who, while vice president, repeatedly allowed himself to be in the presence — either physically or by phone — of business associates of his son’s who were apparently seeking connections and influence in government, according to Mr. Archer’s testimony.

Even so, Mr. Archer said he knew of no wrongdoing by the president.

Mr. Archer has already testified before the Delaware grand jury investigating the case and was granted immunity as part of that investigation, his lawyer said.

Chris Cameron contributed reporting.

Michael S. SchmidtGlenn Thrush
Aug. 11, 2023, 5:37 p.m. ET

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The U.S. attorney in Delaware, David C. Weiss, during a news conference in 2018.Credit...Suchat Pederson/The News Journal, via Associated Press

Lawyers for Hunter Biden and prosecutors working with David C. Weiss, the federal prosecutor in Delaware, were still trying to negotiate a plea deal on gun and tax charges with Mr. Biden over the past week, according to people familiar with the situation.

Mr. Weiss’s team — led by his deputy Leo Wise — had been trying, in fits and starts, to reach an agreement with Mr. Biden ever since the original deal fell apart three weeks ago. The deal unraveled after the judge presiding in the case raised questions about a provision that might have given the president’s son broad immunity from prosecution on a range of conduct in the future.

But a bitter debate between prosecutors and the defense team over the government’s obligation to stick by the terms of the original agreement scuttled those efforts for good. It is unusual for the government to renege on an agreement that one of its prosecutors has signed, but there is nothing usual about Mr. Biden’s case.

Mr. Weiss eventually opted for a second track he had also been considering — asking Attorney General Merrick B. Garland to name him special counsel.

One of the key sticking points in the talks, people familiar with the situation said, was whether the original agreement was still technically in place.

Mr. Weiss took the position that although a prosecutor working for him had signed the deal, it was only a draft that could be subject to revision, or even abandoned depending on the circumstances. Mr. Biden’s lawyers strongly objected and demanded that the government abide by the previous agreement.

Mr. Weiss proposed a new one. His offer preserved the core of the deal hammered out over the past several months — no prison time in exchange for a guilty plea on tax misdemeanors and enrollment in a diversion program for nonviolent gun offenders — but without the broad immunity guarantee for Mr. Biden, the people familiar with the situation said.

It was a deal breaker. Immunity had been one of the most important pillars of the deal for Mr. Biden, and it became clear to the government that Mr. Biden’s lawyers would never agree to that, the people said. Because of this, prosecutors could see that they would have to take a different tack, raising the possibility that Mr. Biden might now face a fresh criminal indictment and a possible trial.

It is not clear when Mr. Weiss began discussing his possible appointment as a special counsel with Mr. Garland, although he appears to have begun considering the possibility while still negotiating with Mr. Biden’s legal team.

Adam Entous contributed reporting.

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Lisa Lerer
Aug. 11, 2023, 5:03 p.m. ET

Gov. Doug Burgum of North Dakota cast doubt on the independence of David Weiss, the new special prosecutor in the Hunter Biden inquiry. In an interview on the Iowa State Fair’s Ferris wheel, he called the move “too little, too late” and said few Republicans would view the step as a real effort, given Weiss’s role in offering Hunter Biden a plea deal in the case.

Charlie Savage
Aug. 11, 2023, 4:12 p.m. ET

The Justice Department has released the order Garland signed giving special counsel status to Weiss. It lays out the scope of his investigative authority, defined as the “allegations of certain criminal conduct by, among others, Robert Hunter Biden” that Weiss has been investigating since 2019, including the matters laid out in the court filings related to the collapsed plea deal.

Trip Gabriel
Aug. 11, 2023, 4:01 p.m. ET

Republican 2024 candidates scoff at Hunter Biden special counsel move.

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In Iowa on Friday, Gov. Ron DeSantis of Florida said he thought the president’s son would get “some type of soft-glove treatment.”Credit...Jordan Gale for The New York Times

Republican presidential candidates, some of whom were stumping in the early-caucusing state of Iowa on Friday, largely derided the news that the prosecutor investigating President Biden’s son Hunter had been elevated to special counsel status.

Gov. Ron DeSantis of Florida, during a campaign stop in Audubon, Iowa, cast doubt on the independence of the special counsel, David C. Weiss, who had already been overseeing a yearslong investigation of the president's son. “It just seems to me that they’re going to find a way to give him some type of soft-glove treatment,’’ he said.

And Nikki Haley, the former U.S. ambassador to the United Nations, spoke disdainfully of the new title and power for Mr. Weiss.

“I don’t think the American people trust the Department of Justice or anything this is going to do,” Ms. Haley said in an appearance on Fox News. “I think this was meant to be a distraction.”

At the same time, she called it a “response to the pressure that the Biden family is feeling” and called on House Republicans who have been investigating the Bidens “to keep their foot on the gas.” So far, the investigations have found no hard evidence that President Biden used his influence while vice president to benefit his son’s business deals.

Gov. Doug Burgum of North Dakota also said he doubted the independence of Mr. Weiss. In an interview while twirling around on the Iowa State Fair’s Ferris wheel, he called the move “too little, too late” and said few Republicans would view the step as a serious development, given Mr. Weiss’s role in offering Hunter Biden a plea deal in the case. That plea deal has fallen apart.

Mr. Weiss is a federal prosecutor in Delaware who was originally appointed by former President Donald J. Trump. He was left in his position by President Biden to continue the Hunter Biden inquiry to avoid the appearance that the president would seek special treatment for his son.

In a statement attributed to a spokesperson, Mr. Trump, who is being investigated by the special counsel Jack Smith, claimed without evidence that the Department of Justice has protected President Biden, Hunter Biden and other family members “for decades.” The statement cast doubt on Mr. Weiss’s independence and criticized him for not already bringing “proper charges after a four-year investigation” of Hunter Biden.

Mr. Smith has brought two indictments against Mr. Trump.

Not all of the candidates were disdainful of the appointment of the special counsel, which Republicans have urged for some time. Vivek Ramaswamy, who said last month that a special counsel was warranted, called the appointment of Mr. Weiss “good” on X, the site formerly known as Twitter. “Now let’s see if it’s more than a fig leaf,” he added.

Former Vice President Mike Pence, who was flipping cuts of pork at the Iowa State Fair on Friday, said he approved of the Department of Justice’s move to upgrade Mr. Weiss’s power.

“I think it’s about time that we saw the appointment of a special counsel to get to the bottom of not only what Hunter Biden was doing, but what the Biden family was doing,” Mr. Pence said. “The American people deserve answers, and I welcome the appointment.”

Anjali Huynh and Neil Vigdor contributed reporting from Iowa.

A correction was made on 
Aug. 11, 2023

An earlier version of this article misstated the town in which Gov. Ron DeSantis of Florida made his remarks. It was Audubon, Iowa, not Harlan, Iowa.

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Aug. 11, 2023, 3:28 p.m. ET

News analysis

Analysis: Garland and Weiss already said the Hunter Biden inquiry was independent. Now that arrangement is more formal.

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David C. Weiss, the U.S. attorney in Delaware, was named as the special counsel in the Hunter Biden investigation.Credit...Suchat Pederson/The News Journal, via Associated Press

One oddity about Attorney General Merrick B. Garland’s decision to give special counsel status to David Weiss, the Trump-appointed U.S. attorney for Delaware who has been leading the investigation into President Biden’s son Hunter, is that both Mr. Garland and Mr. Weiss have already said the prosecutor was empowered to act independently.

That means making Mr. Weiss a special counsel may be more of a cosmetic gesture — essentially formalizing what has already been the case — than a new reality.

The attorney general’s move came against the backdrop of accusations by Republicans that Mr. Weiss had offered what they portrayed as a sweetheart plea bargain to the younger Mr. Biden because of political manipulations by Mr. Garland or by the White House. Functionally, the formalization of Mr. Weiss’s independence could serve as a shield against such accusations.

A special counsel is a prosecutor who wields the same powers as a U.S. attorney but is granted broader day-to-day independence from supervision. In making the announcement, Mr. Garland reminded the public that he had already said Mr. Weiss, who was appointed by President Trump, was operating outside the normal system of hierarchical oversight and control for the Hunter Biden case.

Discussing the decision to keep Mr. Weiss on to complete the Hunter Biden investigation in February 2021, after the Biden administration took office and most Trump political appointees resigned, Mr. Garland noted: “As I said before, Mr. Weiss would be permitted to continue his investigation, take any investigative steps he wanted, and make the decision whether to prosecute in any district.”

He added: “Mr. Weiss has told Congress that he has been granted ultimate authority over this matter, including the responsibility for deciding where, when, and whether to file charges and for making decisions necessary to preserve the integrity of any prosecution, consistent with federal law, the principles of federal prosecution, and departmental policies.”

In many ways, that description of Mr. Weiss’s previous authority does not sound notably different from the power he will now wield under the rules for special counsels, who also operate with day-to-day autonomy. In a statement on Friday, Chris Clark, a defense attorney for Hunter Biden, said the prosecutor’s new status did not appear to be a substantive change.

“This doesn’t change our understanding of Mr. Weiss’ authority over the five-year investigation into Mr. Biden,” he said. “For years, both Mr. Weiss and the department have assured us and the public that Mr. Weiss had more authority than a special counsel and full authority to negotiate a resolution of his investigation — which has been done.”

The differences between the rules governing U.S. attorneys and special counsels are less about law enforcement powers than they are about protections intended to bolster public confidence that they are operating free from political interference. For example, special counsels cannot be arbitrarily fired without a cause, like a finding of misconduct.

An attorney general may only block a special counsel from bringing a charge if the attorney general decides the step would be “so inappropriate or unwarranted under established departmental practices that it should not be pursued” — a high bar to meet. And at the end of the inquiry, Congress must be told about the decision, which creates a deterrent to abusing that power.

There is one notable requirement imposed upon special counsels: at the end of their investigations, they must write a report to the attorney general. While the rules envision that being a private document, the attorney general can choose to disclose it. Mr. Garland said he intended to release as much as possible of Mr. Weiss’s eventual report.

A factor in Mr. Garland’s decision not to name Mr. Weiss a special counsel from the start of the Biden administration, despite granting him broader independence, may be that the regulation envisions that special counsels will be people brought in from outside the Justice Department. Bestowing that status on a sitting U.S. attorney — Mr. Garland said Mr. Weiss would also continue in that role for Delaware — is unusual.

For example, Robert S. Mueller III, the special counsel appointed in 2017 to look into Russian interference in the 2016 election, was a retired F.B.I. director. Similarly, Jack Smith and Robert Hur, the special counsels investigating former President Donald Trump and President Biden, had previously been federal prosecutors, but neither was still working for the Justice Department when Mr. Garland named them to their current roles.

(It is not unprecedented, however. For example, Attorney General William P. Barr made John Durham, then the U.S. attorney for Connecticut, a special counsel to entrench him so he could continue to investigate the F.B.I.’s handling of the Russia inquiry even if Mr. Trump lost the election. Mr. Durham resigned as U.S. attorney in January 2021, but for several months he held both roles.)

Mr. Garland on Friday noted that Mr. Weiss had said in a letter to Congress last month that he had never requested special counsel status. But, Mr. Garland said, on Aug. 8, Mr. Weiss “advised me that in his judgment, his investigation has reached a stage at which he should continue his work as a special counsel, and he asked to be so appointed.”

Mr. Garland also said he had decided that taking that step now would be in the public interest. He did not say what had changed.

Republicans in Congress have stepped up their accusations recently that the investigation of Hunter Biden has been politicized, including taking testimony by an I.R.S. official, Gary Shapley, who claimed Mr. Weiss had sought special counsel status and had been turned down, an assertion Mr. Weiss denied. Granting him formal special counsel status could undercut such attacks.

But Mr. Weiss also unveiled a change to the investigation in court papers he filed shortly after Mr. Garland’s announcement: guilty plea negotiations had collapsed, he said, and that he now expected the tax charges against Hunter Biden — and possibly additional ones — to go to trial.

Aug. 11, 2023, 2:59 p.m. ET

Senator Richard Durbin, the Illinois Democrat who chairs the Judiciary Committee, issued a statement praising Garland’s appointment of Weiss as special counsel by saying it demonstrated that the attorney general’s is committed to avoiding even the appearance of politicization at the Justice Department, while taking a swipe at the Trump administration. “President Biden’s decision to keep Trump-appointed U.S. Attorney David Weiss on in Delaware when he was sworn-in stands in stark contrast to former President Trump’s repeated efforts to use the Justice Department and Attorney General as his personal lawyer.”

Aug. 11, 2023, 3:02 p.m. ET

By contrast, Senator Chuck Grassley of Iowa, the ranking Republican on the Judiciary Committee, denounced Weiss: "Despite repeated assurances that U.S. Attorney Weiss had full authority and independence to pursue all the facts, whistleblowers and a botched sweetheart plea deal told a much different story. Given the underhanded plea deal negotiated by the U.S. attorney from President Biden’s home state, it’s clear Mr. Weiss isn’t the right person for the job."

Neil Vigdor
Aug. 11, 2023, 2:51 p.m. ET

Reporting from Iowa

Ron DeSantis cast doubts about the independence of a special inquiry focusing on Hunter Biden during a campaign stop in Harlan, Iowa. “It just seems to me that they’re going to find a way to give him some type of soft glove treatment, and I don’t understand why you would appoint this guy to be the special counsel.”

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Aug. 11, 2023, 2:32 p.m. ET

Who is David Weiss, the U.S. attorney elevated to special counsel?

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Appointed by President Donald J. Trump, David Weiss was held over in his job by the Biden administration to shield the Justice Department from accusations of political meddling. Credit...Damian Giletto/Delaware News Journal / USA Today Network

The Hunter Biden case is an unexpected career turn for David C. Weiss, a tough, workmanlike prosecutor and commercial lawyer whose stubborn competitiveness earned him a reputation as a hard man to strike out in local softball leagues.

Appointed by President Donald J. Trump, the low-key U.S. attorney for Delaware was held over in his job by the Biden administration to shield the Justice Department from accusations of political meddling.

Mr. Weiss grew up in the Philadelphia suburbs, attending Cheltenham High School, whose graduates include Prime Minister Benjamin Netanyahu of Israel, the Hall of Fame slugger Reggie Jackson and the conservative commentator Mark Levin.

He graduated from Washington University in St. Louis. After completing law school at Widener University in Wilmington, Del., he worked two long stints as a prosecutor in the Delaware U.S. attorney’s office on an array of cases. Those included an investigation of a businessman who pleaded guilty to campaign finance violations after illegally bundling contributions for President Biden’s failed 2008 bid for the White House.

Mr. Weiss, graying and bespectacled now, once bore a striking resemblance to the singer Tony Orlando. In early 2018, when his colleagues celebrated him after his unanimous confirmation by the Senate, they did so against the backdrop of an old, blown-up photo from the 1970s of Mr. Weiss with long, center-parted hair.

He has been, until now, a noncontroversial figure, earning the support of both of Delaware’s Democratic senators when Mr. Trump, now a critic, nominated him in late 2017.

“David is a career prosecutor and dedicated public servant, longtime Delawarean and valued member of our law enforcement community,” Senator Chris Coons said in a statement at the time, according to The News Journal.

In announcing his nomination, Mr. Trump said in a statement that Mr. Weiss would “share the president’s vision for ‘Making America Safe Again.’”

People who know Mr. Weiss said that the Biden case, the best-known investigation he has overseen, is not what he believes will define his legacy.

In the late 1990s, while in private practice, Mr. Weiss began looking into the disappearance of Anne Marie Fahey, a secretary for Delaware’s governor — prodding his friends in the U.S. attorney’s office to join the local investigation, at the behest of Ms. Fahey’s family.

The trail eventually led to Thomas Capano, a former boyfriend of Ms. Fahey’s and a well-connected former Delaware deputy attorney general. He was convicted of murdering Ms. Fahey after their relationship ended and then dumping her body into the ocean.

“He would tell you that was his most important case,” said Thomas W. Ostrander, a lawyer who worked with Mr. Weiss for Ms. Fahey’s family. “We were in regular contact with them every day, for months and months, and David guided them through everything, because he was such an experienced trial lawyer and knew the pitfalls and challenges of putting together such a complex case.”

Katie Rogers
Aug. 11, 2023, 2:06 p.m. ET

Chris Clark, an attorney for Hunter Biden, said in a statement that he had faith in the ongoing investigation. “Whether in Delaware, Washington, D.C., or anywhere else, we expect a fair resolution not infected by politics.”

Aug. 11, 2023, 2:05 p.m. ET

David Weiss’s appointment as special counsel is a significant reversal. In June, Attorney General Merrick Garland scoffed at the idea that Weiss would even want that designation — claiming that he actually had more power as a sitting U.S. attorney in Delaware.

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Aug. 11, 2023, 1:54 p.m. ET

Reporting from Iowa

While campaigning at an American Legion post in Harlan, Iowa, Gov. Ron DeSantis said that if Hunter Biden was a Republican, “he’d be in jail” by now.

Maggie Haberman
Aug. 11, 2023, 1:47 p.m. ET

All of this is taking place just after a hearing in the federal indictment against former President Trump for his efforts to subvert the results of the 2020 election and prevent President Biden from taking office. The judge in the case warned him against taking actions that could be seen as trying to intimidate witnesses.

Aug. 11, 2023, 1:45 p.m. ET

One thing to bear in mind: part of why Biden picked Merrick Garland over Doug Jones as AG was to avoid any appearance of politics involved after a campaign in which Trump and his team had been targeting Hunter Biden for months.

Reid Epstein
Aug. 11, 2023, 1:34 p.m. ET

Representative Dean Phillips, the Minnesota Democrat who has called for someone in the party to challenge Biden, said the special counsel news is "my entire rationale" for urging a Biden alternative. "It’s gone from a distraction and ridiculous to, ‘Oh wow, maybe something is there,’" Phillips said in an interview Friday. "None of us know what’s there. It’s like ‘Here we go again.’ After all these years of talk and concern, this now emerges at the beginning of the campaign, it’s very discomforting."

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Aug. 11, 2023, 1:25 p.m. ET

Biden has consistently defended his son.

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Credit...Al Drago for The New York Times

Continuing his strategy of not commenting on investigations could be difficult for President Biden, who has always forcefully defended his son’s innocence.

On Friday, the White House referred all questions to either the Justice Department or Hunter Biden’s personal representatives. In the past, Mr. Biden has defended his son, who faced federal tax and gun charges and whose plea deal fell apart in July.

Mr. Biden has also pointed to his son’s sobriety as Hunter Biden recovers from a crack cocaine addiction: “My son, like a lot of people we know at home, had a drug problem. He’s overtaken it. He’s fixed it. He’s worked on it, and I’m proud of him,” Mr. Biden said during a 2020 presidential debate.

Hunter Biden’s addiction spiraled out of control after the 2015 death of his brother, Beau, and his dealings with foreign governments caught the attention of conservatives. The younger Mr. Biden’s choices have become grist for memes, conservative cable news panels and Republican fund-raising. In the White House, matters involving Hunter Biden are so sensitive that only the president’s most senior advisers talk to him about his son, according to people familiar with the arrangement.

Father and son remain extremely close. Hunter Biden, 53, is the president’s last surviving son and the last link to the car crash that killed the president’s first wife and infant daughter in December 1972.

When they are not together, they speak several times a day, and the president has always trusted his son’s political instincts. Mr. Biden has never treated his son like a political problem, choosing instead to keep him at his side, whether it’s at a state dinner or a ride on Marine One.

After Hunter Biden attended a recent State Dinner at the White House, in the wake of reaching a plea agreement on possible tax and gun charges, some Democrats privately complained about the appearance, though few were willing to say it publicly.

Aug. 11, 2023, 1:24 p.m. ET

A spokesman for Trump is out with a statement. “Crooked Joe Biden, Hunter Biden, and the entire Biden Crime Family have been protected by the Justice Department for decades even though there is overwhelming evidence and credible testimony detailing their wrongdoing of lying to the American people and selling out the country to foreign enemies for the Biden Cartel’s own financial gain. If this special counsel is truly independent - even though he failed to bring proper charges after a four year investigation and he appears to be trying to move the case to a more Democrat-friendly venue - he will quickly conclude that Joe Biden, his troubled son Hunter, and their enablers, including the media, which colluded with the 51 intelligence officials who knowingly misled the public about Hunter’s laptop, should face the required consequences.”

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Credit...Doug Mills/The New York Times
Aug. 11, 2023, 1:18 p.m. ET

Glenn ThrushMichael S. Schmidt and

Reporting from Wilmington, Del.

Garland’s decision comes after a judge puts Hunter Biden’s plea deal on hold, questioning its details.

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Under the proposed deal, Hunter Biden would have pleaded guilty to two tax misdemeanors and averted prosecution on a gun charge by enrolling in a two-year diversion program for nonviolent offenders.Credit...Kenny Holston/The New York Times

The decision to make the prosecutor overseeing the Hunter Biden investigation a special counsel comes three weeks after a federal judge put on hold a proposed plea deal between Mr. Biden and the Justice Department that would have settled tax and gun charges against him.

On July 26, the judge, Maryellen Noreika of the Federal District Court in Wilmington, Del., sent the two sides back to try to work out modifications that would address her concerns and salvage the basic contours of the agreement. No new deal had been reached, and on Friday, prosecutors said they had reached an impasse with defense lawyers and expected the case to go to trial.

Under the previous agreement, Mr. Biden would have pleaded guilty to two tax misdemeanors and averted prosecution on a gun charge by enrolling in a two-year diversion program for nonviolent offenders.

But Judge Noreika had other ideas, telling the two sides repeatedly that she had no intention of being “a rubber stamp,” and spending three hours sharply questioning them over nearly every detail of the deal.

“I cannot accept the plea agreement today,” said Judge Noreika, who was nominated to the bench by President Donald J. Trump in 2017 with the support of Delaware’s two Democratic senators.

The muddled outcome only underscored how Mr. Biden’s personal and legal troubles have become an entrenched political issue in Washington, where Republicans have long sought to show that his foreign business ventures were aided by, or benefited, President Biden.

Those efforts only intensified as Mr. Trump’s legal troubles have deepened and Republicans in Congress have sought to undercut the president heading into the 2024 election.

Republicans had accused David C. Weiss, the Trump-appointed U.S. attorney in Delaware who was retained by the Biden administration to complete the investigation into Mr. Biden, of cutting a “sweetheart deal” intended to help Democrats.

On Friday, the U.S. attorney general, Merrick Garland, made Mr. Weiss an independent special counsel, giving him autonomy over the decision to prosecute in any district and leaving it up to him “where, when and whether to file charges.” The announcement insulated the Biden administration somewhat from decisions regarding Mr. Biden.

Republicans have long sought to cast the Biden family as corrupt and assailed the proposed deal as far too lenient, citing testimony from two I.R.S. investigators as evidence that the Justice Department had hamstrung the investigation and that President Biden played a role in his son’s business deals with companies and partners in Ukraine and China.

Erica L. Green contributed reporting.

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Aug. 11, 2023, 1:17 p.m. ET

An under-appreciated fact about the special counsel rules is that while it is true that Weiss is subject to Garland’s supervision, an attorney general does not have unlimited discretion to block a special counsel from bringing a charge. The attorney general must decide the proposed step would be “so inappropriate or unwarranted under established departmental practices that it should not be pursued” — a high bar to meet. And at the end of the inquiry, Garland has to notify Congress about what happened, which creates a deterrent to abusing his authority.

Peter Baker
Aug. 11, 2023, 1:10 p.m. ET

Not all Republicans are applauding. Representative James Comer, the oversight committee chairman in the House who has been investigating Hunter Biden, sees the appointment of a special counsel as a way to protect the president’s son. “This move by Attorney General Garland is part of the Justice Department’s efforts to attempt a Biden family coverup,” he said in a statement.

Aug. 11, 2023, 1:09 p.m. ET

Many Republicans are sticking to the line that this appointment is somehow evidence that the Biden administration is helping Hunter Biden, but in private many are quite clear they know it isn’t a helpful development for the president. The optics are problematic for the White House.

Anjali Huynh
Aug. 11, 2023, 1:09 p.m. ET

Former Vice President Mike Pence addressed the appointment at the Iowa State Fair Friday afternoon. “It’s about time that we saw the appointment of a special counsel to get to the bottom of not only what Hunter Biden was doing but to what the Biden family was doing,” he said. “The American people deserve answers, and I welcome the appointment.”

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Credit...Haiyun Jiang for The New York Times

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Aug. 11, 2023, 1:08 p.m. ET

Weiss hinted that Hunter Biden may face additional criminal charges in his filing asking for the matter to be dismissed from the District of Delaware. He wrote that while Biden had previously waived his right to be charged in another state for the purposes of the now-collapsed plea deal, he could not do so now because prosecutors may decide to bring different charges in different districts.

Aug. 11, 2023, 1:02 p.m. ET

Hunter Biden has been a fixation for Republicans for years and largely ignored by many other Americans. One danger for the White House is that the appointment of a special counsel and the revelations of recent weeks may make the case break out of the conservative media ecosystem and turn off independents the president needs next year to win a second term.

Aug. 11, 2023, 1:00 p.m. ET

A reality with special counsels, as Donald Trump discovered in office, is you never can predict the outcome.

Aug. 11, 2023, 12:53 p.m. ET

Biden has constantly defended Hunter, most notably during a 2020 debate with Trump. “My son, like a lot of people we know at home, had a drug problem. He’s overtaken it, he’s fixed it. He’s worked on it and I’m proud of him,” Biden said then.

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Aug. 11, 2023, 12:53 p.m. ET

The White House is referring all questions about this case to the Department of Justice and Hunter Biden’s personal representatives.

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Credit...Doug Mills/The New York Times
Aug. 11, 2023, 12:52 p.m. ET

Trump is currently at his club at Bedminster, N.J., where he’s been hosting the Saudi golf network LIV.

Aug. 11, 2023, 12:49 p.m. ET

Biden’s campaign manager, Julie Chavez Rodriguez, is scheduled to appear in the 1 p.m. hour on MSNBC, which will likely serve as the campaign’s lone public response to Garland’s appointment.

Aug. 11, 2023, 12:48 p.m. ET

The collapse of the plea deal since the hearing raises the question of whether Weiss wanted special counsel status because he now plans to put Hunter on trial for the tax and gun charges or because he still thinks there are more charges to eventually be filed on other matters, particularly the business dealings.

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Aug. 11, 2023, 12:48 p.m. ET

Here is Weiss’s motion saying that the plea negotiations have broken down and here is the one asking to dismiss the criminal information filed over two tax matters in Delaware because if they are going to go to trial, which he now believes to be the case, the proper venue is in California or the District of Columbia.

Aug. 11, 2023, 12:47 p.m. ET

Most Democratic operatives believe voters want to see the president stand by his son.

Aug. 11, 2023, 12:46 p.m. ET

After Hunter Biden attended a recent State Dinner at the White House, some Democrats privately complained about the appearance. However, few if any are willing to say it publicly.

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Credit...Doug Mills/The New York Times
Aug. 11, 2023, 12:44 p.m. ET

Mr. Weiss has just filed a document in the Hunter Biden case saying that negotiations over a guilty plea deal have collapsed. Mr. Weiss wrote that the premise that the parties intended to continue toward a guilty plea “is no longer the case” and “parties are at an impasse.”

Aug. 11, 2023, 12:57 p.m. ET

In a related filing, Weiss has asked to dismiss the tax charges from the district court for Delaware and indicated that Hunter Biden will likely face charges and a criminal trial either in California or the District of Columbia, where the relevant acts occurred. As part of the plea deal that fell apart, Mr. Biden had agreed to plead guilty in Delaware and waive his right to challenge the venue. “The government now believes that the case will not resolve short of a trial,” Mr. Weiss wrote.

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Aug. 11, 2023, 12:42 p.m. ET

One difficult point for the current White House had always been President Biden telling reporters his son had done nothing wrong, which the prospective plea deal appeared to challenge.

Aug. 11, 2023, 12:41 p.m. ET

This appointment likely will fuel Republican efforts to link the Hunter Biden case with the various indictments against former President Donald Trump. They are of course apples and oranges. It seems clear that Hunter Biden traded on his father’s name to make money, according to testimony and media reports, and it is unclear whether he may face legal liability at some point stemming from that. But so far at least, there is no evidence that President Biden used his power while vice president to benefit his son’s business ventures. Trump has been indicted for covering up hush money, endangering national security, obstructing justice and defrauding the United States.

Aug. 11, 2023, 12:38 p.m. ET

As a reminder, Hunter Biden was set to plead guilty in a deal to resolve tax and gun charges last month, but the deal was put on hold after a judge questioned an unusual provision that would have required the court — as opposed to the Justice Department — to decide whether the Hunter Biden had violated the terms of a diversion program agreement requiring him to avoid using drugs or owning a firearm.

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Credit...Kenny Holston/The New York Times
Michael D. Shear
Aug. 11, 2023, 12:37 p.m. ET

This move by Garland will further test a central communications strategy of the White House: to stay completely silent about such investigations. That will obviously be more difficult since the Republican strategy is to use the Hunter investigation to damage the president politically.

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Michael S. Schmidt
Aug. 11, 2023, 12:34 p.m. ET

One of the most powerful provisions in place for a special counsel is a trigger related to Congress. If a special counsel wants to take an investigative move that is overruled by higherups a the Justice Department, the department is required to report that to Congress. This type of provision is designed to give a special counsel the freedom to follow the facts without fear of undue influence.

Aug. 11, 2023, 12:33 p.m. ET

The political implications are unclear. The White House clearly didn’t want this.

Michael S. Schmidt
Aug. 11, 2023, 12:31 p.m. ET

Remember that when Biden was elected he said that one of his biggest goals was to restore public’s faith that the Justice Department operated free of politics. To take on that mission, he appointed Garland. Now, for the second time this year, Garland has appointed a special counsel to investigate matters related to the Bidens.

Aug. 11, 2023, 12:31 p.m. ET

It is not clear whether this step will change anything substantive about the Hunter Biden investigation, since Garland and Weiss have already described the Trump-appointed U.S. attorney as operating with significant independence. But Republicans have sought to portray the Biden administration as conspiring to go easy on the president’s son, so at a minimum the naming of Weiss as a special counsel will offer Democrats an additional argument to rebut those accusations.

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Shane Goldmacher
Aug. 11, 2023, 12:29 p.m. ET

Garland said he expects Weiss to carry out his investigation as special counsel “in an even-handed and urgent manner.” He had used the exact same phrase when he appointed Jack Smith as special counsel to investigate Donald Trump.

Aug. 11, 2023, 12:29 p.m. ET

The intent behind the appointment is to send the signal that Weiss really does have authority to make decisions on the investigation and it is not being driven by the Biden administration. But as we’ve seen, partisans are never convinced of a special counsel’s non-partisan independence if they do not like the outcome of the investigation.

Aug. 11, 2023, 12:28 p.m. ET

The point made earlier about the dissonance between what prosecutors said about the investigation ongoing and what Hunter Biden’s team has said is important.

July 26, 2023, 9:06 a.m. ET

Hunter Biden’s journey is a complex tale that defies simple narratives.

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Hunter Biden, right, with his father, President Biden, at Hancock Field Air National Guard Base in Syracuse, N.Y., in February.Credit...Al Drago for The New York Times

The way Republicans tell it, President Biden has been complicit in a long-running scheme to profit from his position in public life through shady dealings around the world engineered by his son, Hunter Biden.

The real Hunter Biden story is complex and very different in important ways from the narrative promoted by Republicans — but troubling in its own way.

After his father became vice president, Hunter Biden, a Yale-educated lawyer, forged business relationships with foreign interests that brought him millions of dollars, raised questions about whether he was cashing in on his family name, set off alarms among government officials about potential conflicts of interest, and provided Republicans an opening for years of attacks on his father.

And after the death of his brother, Beau, in 2015, Hunter descended into a spiral of addiction and tawdry and self-destructive behavior.

He is sober now and no longer entangled in foreign business deals. He is a visible presence in his father’s life — his oldest daughter was married at the White House in November, and he attended a state dinner last month.

An examination by The New York Times of the investigation and Hunter Biden’s journey to this juncture, based on interviews with his former business partners, family members and close friends, as well as officials and lawyers familiar with the Justice Department investigation, does not provide either side with the narrative they would prefer.

What emerges is the story of a man battling with personal demons against the background of family tragedy and under the glare of public scrutiny. It is also an instructive look at the enduring Washington practice of trading on access and influence.