Who is David Weiss? What to know about Trump-appointed special counsel on Hunter Biden case

The trial of President Joe Biden's son on felony gun charges began last week in Delaware, the latest turn in the saga of an investigation by Justice Department special counsel David Weiss.

Hunter Biden was charged with three firearms felonies; two for allegedly lying on a form to purchase a gun in 2018, and one related to his possession of a firearm. In a separate case brought by Weiss in Los Angeles federal court, Biden has also been indicted on nine tax charges. Hunter Biden has pleaded not guilty in both cases.

Weiss has been investigating Biden for more than five years  – first as the Trump administration-appointed U.S. attorney in Delaware and more recently as a DOJ special counsel. He has been criticized along the way after an earlier plea deal failed and Biden's lawyer argued the charges were politically motivated.

Here is what to know about Weiss and his involvement in the case:

Live updates: Hunter Biden, Joe Biden's son, faces felony gun charges in Delaware

Who is David Weiss?

David Weiss was appointed in 2017 under Trump as U.S attorney for the District of Delaware, and the Biden administration asked him to keep the position in 2021 while he continued his Hunter Biden investigation.

In August 2023, Attorney General Merrick Garland appointed Weiss to serve as special counsel for investigations and prosecutions in the Hunter Biden probe.

"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,” said Garland in an announcement about Weiss's appointment.

The appointment came after a plea agreement over the gun and tax charges fell apart, and Biden was indicted on the gun charges shortly after.

Five-year federal investigation leads to failed plea deal

U.S. District Judge Maryellen Noreika rejected a plea agreement last July that aimed to resolve Weiss's investigation.

Hunter Biden had agreed to plead guilty to two misdemeanors for nonpayment of taxes in 2017 and 2018, and to enter a pretrial program on a gun charge.

Biden potentially could have stayed out of jail under the agreement, which congressional Republicans slammed as a "sweetheart deal." But Noreika questioned prosecutors and defense lawyers about whether the deal would protect Hunter Biden from future charges and the judge refused to “rubber-stamp” the agreement.

The collapse of the plea deal led to Biden’s indictment on three felony gun charges in Delaware, and the nine tax charges in California, in a trial set for Sept. 5.

Hunter Biden lawyer Abbe Lowell challenges case on political appeal

Weiss went on defense after the indictment, telling a House Judiciary Committee in November that politics did not play a role in the investigation and he was the sole decision maker at the Justice Department.

While legal experts say the charges against Biden are rarely prosecuted, congressional Republicans said the plea agreement was a "sweetheart deal."

Abbe Lowell, the lawyer representing Hunter Biden, said the charges were politically driven by Trump and deviated from the Justice Department's usual policies.

“The only substantive and relevant changes since July, when the US Attorney decided against pursuing these exact charges against Mr. Biden, has been various court rulings undermining the constitutionality of the law at issue here and a coordinated, partisan attack on our system of justice by right-wing Republicans,” Lowell said in a statement.

But a federal judge dismissed a request to dismiss the gun charges after Lowell argued, among a few things, that the prosecutors are influenced by Republican pressure.

The gun trial started Monday with jury selection and could last at least two weeks.

Contributing: Xerxes Wilson

This article originally appeared on USA TODAY: David Weiss: Meet Hunter Biden's Trump-appointed investigator