As acting U.S. attorney in Delaware, David C. Weiss once collaborated with the state attorney general, Beau Biden.
President Biden's son Hunter Biden departs a court appearance at the J. Caleb Boggs Federal Building on July 26 in Wilmington.
Although Democrats point to Weiss’s appointment by President Donald Trump as evidence of his independence, the full story of his career is more nuanced, as he spent two years as acting U.S. attorney under President Barack Obama and Vice President Joe Biden and then remained as a top deputy for the remainder of their term.
The tensions are heightened by a fact that locals say is inevitable in a place like Delaware: Weiss’s career has often brought him into contact with Biden, his family and his political allies in the state. Now these cases provide a prelude to the biggest one of his career, the five-year investigation and possible trial of the president’s son Hunter amid a 2024 reelection campaign.
Weiss examined allegations that a Democratic member of the New Castle County Council in Wilmington had extorted $100,000 in exchange for his vote. The councilman, Ronald Aiello, pleaded guilty, giving Weiss one of his first major prosecutorial victories. In the wake of convicting Aiello, Weiss reapplied to Duane Morris, one of the firms that had rejected him; this time he got the job. Weiss hung the rejection letter he’d received years before and signed by a firm member, Ostrander, on his office wall - which Ostrander discovered when greeting his new colleague.
“We could not have gotten through it without David’s leadership,” said Kathleen Fahey, Anne Marie’s sister. “David is very adept at assessing a claim relative to what the facts are and how they’re going to play out and how they’re going to apply for the legal theory,” Ostrander said. “Follow the facts, develop the facts you can prove, and use those to develop the case.”Weiss returned as a federal prosecutor in 2007, when U.S. Attorney Colm Connolly, who had prosecuted the case against Capano, hired him as first assistant U.S. attorney. Weiss became acting U.S.
When Connolly’s successor finally took office in December 2010, Weiss returned to his former position as first assistant U.S. attorney, a job that he held during the last six years of the Obama-Biden administration. In some cases Weiss worked out plea deals that avoided jail time. In one case against a stent manufacturer who allegedly had lied to the Food and Drug Administration, but whose product was credited with saving lives, he crafted a guilty plea deal that included probation and fines, according to Connolly, the former U.S. attorney.
When Weiss won convictions of the four bank officials in 2018 for bank fraud and conspiracy, he pushed back at critics of the case. Under normal circumstances, President Biden would have replaced Weiss with a Democrat after his 2020 election. But that would have led to allegations of political interference in the investigation into Hunter Biden, so the president left Weiss in the job.
The failure to seal the deal angered Hunter Biden’s lawyers and also befuddled some Weiss allies who privately questioned how he could have let the matter go so far without certainty that the deal would be accepted by the court.
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