IRS Whistleblower Gives Congress More Documents, Boosting His Credibility And Busting The DOJ’s
On Monday, IRS whistleblower Gary Shapley provided congressional oversight committees nine new documents related to the botched Hunter Biden investigation, according to a letter sent Wednesday morning to the House Judiciary Committee. The letter also contained a redacted 10th new document: the handwritten notes Shapley took during the Oct. 7, 2022, meeting in which Delaware U.S. Attorney David Weiss allegedly announced to his team that he was “not the deciding official on whether charges are filed” against Hunter Biden.
Those handwritten notes further bolster Shapley’s earlier testimony about the meeting and debunk counterclaims by the special agent in charge of the FBI’s Baltimore field office that Weiss had not said he lacked authority to charge Hunter Biden. What the other nine documents reveal, however, remains to be seen.
“Yesterday the Washington Post published a story reportedly based on a transcript it obtained of the Committee’s interview of Federal Bureau of Investigation (FBI) Special Agent in Charge Thomas J. Sobocinski,” the letter from Shapley’s Empower Oversight attorneys to the House Judiciary Committee opened. Sobocinski was one of seven attendees at the Oct. 7, 2022, meeting, in which — according to Shapley’s previous testimony, corroborated by an email he sent following the meeting — Weiss said he was “not the deciding official” on whether to charge Hunter Biden and that he had been denied special counsel authority to charge the president’s son in D.C. or California.
As The Federalist reported earlier Wednesday based on its review of the transcript of Sobocinski’s interview, “Sobocinski claimed he did not remember Weiss saying he had sought (and been denied) special counsel status or that Weiss had represented that he was ‘not the deciding official.’” Further, “according to Sobocinski, had Weiss said either of those things, he would have remembered it,” with the FBI agent implying Shapley’s claims were false.
According to the transcript, Sobocinski tried to discredit Shapley’s testimony and the email he had sent following the October meeting by stressing that Shapley had not drafted the email during the meeting and thus the notes were not really “contemporaneous” with Weiss’s supposed statements.
In its Wednesday letter to the Judiciary Committee, Shapley’s legal team responded to Sobocinski’s objections by providing the committee a redacted copy of Shapley’s “contemporaneous handwritten notes,” in order to let the committee “access the truthfulness and reliability of Mr. Sobocinski’s testimony.” Empower Oversight, which represents Shapley, further stressed in its letter that, unlike Shapley, Sobocinski took no notes during the meeting on Oct. 7, 2022.
Shapley’s handwritten notes taken during the meeting do indeed track the email summary he sent later that evening. In his notes, he wrote: “Weiss stated— He is not the deciding person.” This provides strong corroboration for Shapley’s email and his testimony.
Conversely, Sobocinski has nothing to corroborate his (lack of) recollection of the meeting. Sobocinski has also proven himself not credible by testifying that Weiss had ultimate authority to charge Hunter Biden anywhere, anytime — well, kinda, sort of, not really.
While Shapley’s credibility remains bars above Sobocinski’s, the bottom line is it doesn’t really matter what Weiss said during the October meeting. What matters is what happened and whether Biden’s Department of Justice refused to pursue tax felony charges in other venues and kept Weiss from doing so himself. What matters is whether the DOJ and FBI interfered in the Hunter Biden investigation.
On the first question, Americans may never get a clear answer, as Weiss continues to obfuscate and cover for Attorney General Merrick Garland. But on the DOJ and FBI’s interference in the Hunter Biden investigation, there is already overwhelming evidence establishing this scandal — and it isn’t merely coming from Shapley or his fellow IRS whistleblower. Rather, another whistleblower exposed the burying of the FD-1023 form, which implicated both Hunter and Joe Biden in a Burisma bribery scandal. That whistleblower also revealed to Sen. Chuck Grassley that FBI Supervisory Intelligence Analyst Brian Auten opened an “assessment” in August 2020 to improperly discredit “verified and verifiable” derogatory intel about Hunter Biden.
The nine new documents Shapley provided to the House Ways and Means Committee and the Senate Finance Committee may add even more evidence of the DOJ and FBI’s interference in the investigation of the president’s son. But unless and until the committees vote to release that information publicly, they will remain secreted from the American public. Likewise, the redacted portions of Shapley’s handwritten notes will remain confidential as potentially protected taxpayer information until the relevant congressional committees authorize their release.
That may happen sooner than originally planned, however, now that the White House is attempting to spin the impeachment inquiry into Joe Biden as misinformation, with an assist from the DOJ and FBI lawyers representing Sobocinski.
2023-09-13 Letter to House Judiciary – 10-7-22 Notes by The Federalist on Scribd
Margot Cleveland is an investigative journalist and legal analyst and serves as The Federalist’s senior legal correspondent. Margot’s work has been published at The Wall Street Journal, The American Spectator, the New Criterion (forthcoming), National Review Online, Townhall.com, the Daily Signal, USA Today, and the Detroit Free Press. She is also a regular guest on nationally syndicated radio programs and on Fox News, Fox Business, and Newsmax. Cleveland is a lawyer and a graduate of the Notre Dame Law School, where she earned the Hoynes Prive—the law school’s highest honor. She later served for nearly 25 years as a permanent law clerk for a federal appellate judge on the Seventh Circuit Court of Appeals. Cleveland is a former full-time university faculty member and now teaches as an adjunct from time to time. Cleveland is also of counsel for the New Civil Liberties Alliance. Cleveland is on Twitter at @ProfMJCleveland where you can read more about her greatest accomplishments—her dear husband and dear son. The views expressed here are those of Cleveland in her private capacity.
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