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EXCLUSIVE: FBI Lies About ‘Highly Credible’ Source Claims Were Leaked to NYT And Spoon-fed to Weiss


BY: MARGOT CLEVELAND | SEPTEMBER 05, 2023

Read more at https://thefederalist.com/2023/09/05/exclusive-fbi-lies-about-highly-credible-source-claims-were-leaked-to-nyt-and-spoonfed-to-weiss/

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Emails obtained by the Heritage Foundation following a Freedom of Information Act (FOIA) lawsuit, and shared exclusively with The Federalist, reveal that lies leaked to The New York Times about the origins of damning evidence implicating Hunter and Joe Biden in a bribery scandal were fed to Delaware U.S. Attorney David Weiss. 

As I previously detailed, The New York Times reported those lies in its Dec. 11, 2020, article, “Material from Giuliani Spurred a Separate Justice Depart. Pursuit of Hunter Biden” — just a week after Americans first learned of the investigation of the now-president’s son. The Times’ reporting was “replete with falsehoods and deceptive narratives,” but “Americans just didn’t know it at the time.” 

However, earlier this year, thanks to “whistleblower revelations and statements by former Attorney General William Barr,” the country learned that the Times’ claims — that evidence implicating the Bidens was derived from Giuliani — were false. Rather, a separate investigation had uncovered reporting from a “highly credible” FBI confidential human source (CHS) implicating Hunter and Joe Biden in a bribery scandal.

Now the FOIA-produced emails reveal even more: The FBI lies, laundered through The New York Times, were fed directly to Delaware U.S. Attorney David Weiss.

The Emails

The never-before-seen emails provided late last week by the Department of Justice to the Heritage Foundation and its Oversight Project director, Mike Howell, in response to a court order, included an email thread revealing how the Times story landed in Weiss’s lap.

“Ladies, here you have attached the NYT’s story ‘Material from Giuliani Spurred a Separate Justice Depart. Pursuit of Hunter Biden’ which posted a bit ago. Link here,” a Dec. 11, 2020, 6:44 p.m. email from the FBI Office of Public Affairs’ National Press Office read. 

The names of the two email recipients were redacted. But the “(PG) (FBI)” and “(BA) (FBI)” coding suggests the National Press Office had forwarded the Times’ article, which spun evidence obtained by the Pittsburgh office as originating from Giuliani disinformation, to the Pittsburgh FBI office and the Baltimore FBI office — which provided support for the Delaware U.S. attorney’s office.

Within two hours of the FBI’s National Press Office sharing the false narrative about evidence of Biden family corruption, the link had been forwarded to a variety of Baltimore FBI agents, from there to Weiss’s top deputies Lesley Wolf and Shawn Weede, and further on by Weede to fellow Assistant U.S. Attorney Shannon Hanson and Weiss. Weiss himself then forwarded the Times article to another member of the Delaware U.S. attorney’s office, whose name was redacted in the FOIA-provided documents. 

Given the sweetheart deal Weiss’s top Assistant U.S. Attorney Lesley Wolf later tried to gift to Hunter Biden, this latest revelation raises the question of whether (and, if so, when) Weiss’s staff informed him of the CHS’s reporting that Burisma paid $5 million each in bribes to both Hunter Biden and Joe Biden.

These questions are now more important than ever because the just-released emails show Weiss’s staff sharing with him The New York Times’ false reporting that portrayed evidence coming from the Pittsburgh FBI office as sourced solely to Rudy Giuliani. But that’s not true — not by a long shot. At a minimum, Wolf and others in the Delaware office knew that — but Weiss might not have.

The Background

As The Federalist previously reported, contrary to the Times’ reporting, in the run-up to the 2020 election, then-Attorney General William Barr directed the Western District of Pennsylvania to serve as an intake office for any evidence related to Ukraine. U.S. Attorney Scott Brady was then charged with screening the evidence to ensure disinformation did not reach the other offices handling investigations related to Hunter Biden or Ukraine. 

While some of the evidence Brady’s team screened came from Giuliani, agents also independently discovered a separate line of intel originating from a “highly credible” CHS who had worked under the Obama administration. Agents interviewed that CHS in late June 2020 and memorialized the CHS’s reporting in an FD-1023 form. 

Americans would later learn the contents of that FD-1023 when a whistleblower informed Sen. Chuck Grassley’s office of its existence. Then, after FBI Director Christopher Wray dragged his feet in responding to congressional inquiries, Grassley released a minimally redacted copy of the unclassified document to the public.

The unredacted portions of the FD-1023 confirmed Giuliani had nothing to do with the sourcing of the intel. On the contrary, according to the form, the longtime CHS had personally conversed with Mykola Zlochevsky, the owner of the Ukrainian energy company Burisma, and the company’s CFO Vadim Pojarskii.

The FD-1023 memorialized explosive reporting from the CHS, including the following:

  • Pojarskii claimed Hunter Biden was paid to serve on Burisma’s board of directors to “protect us, through his dad, from all kinds of problems.”
  • Ukrainian prosecutor Viktor Shokin was investigating Burisma, but Zlochevsky told the CHS that “Hunter will take care of all of those issues through his dad.”
  • Zlochevsky told the CHS he had been coerced to pay bribes of $5 million each to Hunter Biden and Joe Biden.
  • After Trump’s election in 2016, Zlochevsky expressed dissatisfaction with Trump’s victory, but then told the CHS that “Shokin had already been fired, and no investigation was currently going on.”
  • Zlochevsky told the CHS he had 17 recordings of the Bidens but had never paid Joe Biden directly.
  • The “Big Guy” moniker was used to refer to Joe Biden — a significant detail because the CHS interview predated the public release of material contained on Hunter Biden’s laptop, including information that established the “Big Guy” was one of Joe Biden’s nicknames.
  • Burisma discussed purchasing a U.S.-based oil and gas company for approximately $20-$30 million.

When news first broke of the FD-1023 and its damning indictment of the Bidens, Democrats and their paramours in the press tried to bury the story with a one-two punch. First, they framed the evidence as originating from Giuliani and part of a foreign disinformation operation. Grassley’s release of the actual FD-1023 destroyed that narrative. 

Second, they falsely represented to the American public that Brady had already investigated the FD-1023 and closed the investigation as meritless. But as The Federalist first reported, that claim was blatantly false. 

“It’s not true. It wasn’t closed down,” Barr told The Federalist after Democrat Rep. Jamie Raskin falsely claimed that “the former attorney general and his ‘handpicked prosecutor’ had ended an investigation into a confidential human source’s allegation that Joe Biden had agreed to a $5 million bribe.”

“On the contrary,” Barr told The Federalist, “it was sent to Delaware for further investigation.”

More Questions

Now we reach the crux of the matter: Who in Delaware knew of the FD-1023’s existence, its sourcing to a “highly credible confidential human source,” and that, as The Federalist previously reported, several details contained in the FD-1023 had already been corroborated prior to the handoff to Delaware? The Pittsburgh office had briefed the Delaware office on the document and its conclusion that it “bore indicia of credibility.” 

A source familiar with the Pittsburgh brief of the Delaware office confirmed to The Federalist that in addition to agents from the Pittsburgh and Baltimore FBI field offices, Lesley Wolf attended the briefing on the FD-1023 and was informed of those details. Weiss, however, was not present for the briefing. Nor, as we previously learned, were the IRS agents-turned-whistleblowers included in the briefing. 

The Federalist has also learned from a source with knowledge of the matter that the Delaware U.S. attorney’s office kept the Hunter Biden laptop secret from the Pennsylvania-based U.S. attorney’s office, which surely limited the investigators’ ability to assess the credibility of the evidence it was screening for disinformation.

Nonetheless, through its independent investigation of the CHS’s reporting, Pittsburgh corroborated several details of the FD-1023 and briefed Wolf on those details, telling her they believed the CHS’s information warranted further investigation.

But did Wolf tell that to Weiss? Did anyone tell that to Weiss? Or did Weiss’s team, after sharing The New York Times’ false narrative that Brady was on a political witch hunt of the Bidens and demanding an investigation into Giuliani disinformation, remain mum? Or did Weiss know about the FD-1023 and do nothing?

The emails don’t answer those questions, but they do confirm that Weiss and his top deputies were fed the Times story. Which leads to a final question: Which FBI agent(s) fed the Times the lies? 


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.

EXCLUSIVE: U.S. Attorney Weiss Colluded With DOJ To Thwart Congressional Questioning, Emails Show


BY: MARGOT CLEVELAND | AUGUST 28, 2023

Read more at https://thefederalist.com/2023/08/28/exclusive-u-s-attorney-weiss-colluded-with-doj-to-thwart-congressional-questioning-emails-show/

DOJ head Merrick Garland

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Emails obtained by the Heritage Foundation following a Freedom of Information Act (FOIA) lawsuit and shared exclusively with The Federalist establish that on multiple occasions, the Department of Justice intervened on behalf of Delaware U.S. Attorney David Weiss to respond to congressional inquiries related to the Hunter Biden investigation. This revelation raises more questions about the June 7, 2023, letter dispatched to House Judiciary Chair Jim Jordan under Weiss’s signature line, in which the Delaware U.S. attorney claimed he had “ultimate authority” over charging decisions related to Hunter Biden. It also suggests Weiss and the DOJ may have conspired to mislead Congress.

Did the DOJ’s Office of Legislative Affairs respond to Sens. Chuck Grassley and Ron Johnson’s May 9, 2022, letter seeking information concerning the Hunter Biden investigation? Weiss posed that question to one of his lead assistant U.S. attorneys, Shannon Hanson. 

“Not to my knowledge,” Hanson replied, followed soon after with a second email noting that Joe Gaeta, the then-deputy assistant attorney general in the Office of Legislative Affairs, was working on a response. And although Grassley and Johnson had addressed their May 9, 2022, inquiry solely to Weiss, DOJ’s Office of Legislative Affairs would intercede on his behalf, responding in a letter dated June 9, 2022, that the DOJ would not respond to the questions posed. 

The following month, Grassley and Johnson dispatched another letter requesting information related to the Hunter Biden investigation, addressing this letter to Weiss, as well as Attorney General Merrick Garland and FBI Director Christopher Wray. Again, the Office of Legal Counsel intervened, telling Weiss’s office in an email reviewed by The Federalist that it would “take the lead on drafting a response” to Grassley and Johnson’s letter.

These never-before-seen emails establish the Department of Justice and U.S. attorney collaborated in responding to congressional inquiries and were among the first batch of documents provided to the Heritage Foundation following a court order last week in Heritage’s FOIA case against the DOJ. That court order required the DOJ to produce, by Aug. 25, 2023, all records collected from Weiss and Assistant U.S. Attorney Lesley Wolf that were responsive to the Heritage FOIA lawsuit. 

Mike Howell, director of the Heritage Foundation’s Oversight Project, initiated the FOIA request and then filed suit against the DOJ after the Biden administration attempted to slow-walk the production. Howell told The Federalist the emails show that while Garland was claiming Weiss had the independence to bring whatever charges he wanted, Garland was “simultaneously running communications from Weiss to Grassley through the political controls of Main Justice.” “It is a slap in the face,” Howell said. 

Significantly, the emails also call into question the veracity of a series of exchanges between Weiss and Jordan, beginning with Weiss’s June 7 response to the May 25, 2023, letter Jordan sent to Garland. In that May 25 letter, Jordan questioned Garland on the removal of the IRS whistleblowers from the Hunter Biden investigation. 

Even though the House committee addressed that letter solely to Attorney General Garland, Weiss responded to the inquiry on June 7 in a letter, which opened: “Your May 25th letter to Attorney General Garland was forwarded to me, with a request that I respond on behalf of the Department.” Weiss then claimed that, as Garland had stated, the Delaware U.S. attorney had “been granted ultimate authority over this matter, including responsibility for deciding where, when, and whether to file charges and for making decisions necessary to preserve the integrity of the prosecution…”

Two more letters would soon follow, the first being to Weiss from Jordan on June 22. In that letter, Jordan reiterated the Judiciary Committee’s need for substantive responses, before asking Weiss for more details “in light of the unusual nature of your response on behalf of Attorney General Garland…” Specifically, Jordan asked for information concerning the names of individuals who drafted or assisted in drafting the June 7, 2023, letter, as well as details concerning the drafting and dispatching of the letter.

Weiss responded in a June 30 letter that he was not at liberty to provide substantive responses to the questions concerning an ongoing investigation. The Delaware U.S. attorney then sidestepped questions about the DOJ’s role in drafting the June 7 letter, stating only that he “would like to reaffirm the contents of the June 7 letter drafted by my office” — a statement representing that the Delaware office had composed the letter. 

Weiss then proceeded to “expand” on what he meant when he said in his June 7 letter that he had ultimate charging authority, writing: 

As the U.S. Attorney for the District of Delaware, my charging authority is geographically limited to my home district. If venue for a case lies elsewhere, common Departmental practice is to contact the United States Attorney’s Office for the district in question and determine whether it wants to partner on the case. If not, I may request Special Attorney status from the Attorney General pursuant to 28 U.S.C. § 515. Here, I have been assured that, if necessary, after the above process, I would be granted § 515 Authority in the District of Columbia, the Central District of California, or any other district where charges could be brought in this matter.

Of course, having ultimate authority and being assured that you would be given ultimate authority, if need be, are two different things. But the scandal goes beyond Weiss not having the authority to charge Hunter Biden, to what clearly seems to be an attempt by the DOJ and Weiss to mislead Congress. 

It’s important to remember that when Weiss sent the June 7 letter to Jordan, the whistleblowers’ transcripts had not yet been released. Thus, neither Weiss nor the DOJ knew the specifics of the whistleblowers’ testimony, leading them to represent to Congress that Weiss had ultimate decision-making authority — something Weiss would later have to massage. Weiss’s questionable statements didn’t end there, however. In the June 30 letter, Weiss represented to Congress that he had drafted the June 7 letter. 

But why would Weiss draft the June 7 letter? That letter was not even addressed to Weiss. And the emails obtained by the Heritage Foundation establish that even when congressional oversight letters were addressed directly to the Delaware U.S. attorney, Weiss did not answer them. Instead, the DOJ’s Office of Legislative Affairs intervened and spoke on his behalf.

There is a second reason to suspect Weiss did not draft the June 7 letter: the footnote reference in the correspondence to the Linder letter. 

Tristan Leavitt, a former Capitol Hill staffer and the president of Empower Oversight, which is helping represent IRS whistleblower Gary Shapley, told The Federalist that when he “worked on Capitol Hill (particularly on the Senate Judiciary Committee, which did regular oversight of the Justice Department), the Department’s Office of Legislative Affairs frequently referenced the otherwise-obscure Linder letter in response to congressional oversight.”

“It’s hard to imagine the letter was widely known outside of Justice Department headquarters,” Leavitt continued, “especially in U.S. attorneys’ offices, which almost never respond directly to congressional correspondence.”

Conversely, it is easy to imagine Main Justice drafting the June 7 letter on behalf of Weiss to provide Garland cover and to seemingly corroborate the attorney general’s Senate testimony that he had given Weiss full authority to make charging decisions in the Hunter Biden investigation.

That cover may soon be blown away, however, thanks to the Heritage Foundation. 

“The only reason these documents are starting to trickle out is because we sued for transparency,” Howell told The Federalist. “We’ve faced taxpayer funded resistance at every step of the way and haven’t given up,” he added, noting that “the DOJ is under a judicial order to continue this production.” 

The next round of responsive documents is due by Oct. 31, and since none of the documents produced to date include references to Jordan’s May 25, 2023, letter, it seems likely we’ll see those emails in the next batch — unless House Republicans seek access to them first through a subpoena.

This article has been updated since publication.


Margot Cleveland is The Federalist’s senior legal correspondent. She is also a contributor to National Review Online, the Washington Examiner, Aleteia, and Townhall.com, and has been published in the Wall Street Journal and USA Today. Cleveland is a lawyer and a graduate of the Notre Dame Law School, where she earned the Hoynes Prize—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. As a stay-at-home homeschooling mom of a young son with cystic fibrosis, Cleveland frequently writes on cultural issues related to parenting and special-needs children. Cleveland is on Twitter at @ProfMJCleveland. The views expressed here are those of Cleveland in her private capacity.

Grassley Probes Weiss Deputy’s Role In Obstructing Biden Investigation


BY: MARGOT CLEVELAND | JULY 10, 2023

Read more at https://thefederalist.com/2023/07/10/grassley-probes-weiss-deputys-role-in-obstructing-biden-investigation/

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A Delaware assistant U.S. attorney was briefed in October 2020 that a confidential human source (CHS) had reported Hunter and Joe Biden each received $5 million in bribes, Sen. Chuck Grassley revealed Sunday in a letter to Delaware U.S. Attorney David Weiss. A source familiar with that briefing has now confirmed to The Federalist that the Pittsburgh office told the Delaware office the CHS’s reporting appeared credible and merited further investigation. That added detail increases the significance of Grassley’s Sunday letter and his question to Weiss about whether his deputy thwarted the investigation.

“On October 23, 2020, Justice Department and FBI Special Agents from the Pittsburgh Field Office briefed Assistant U.S. Attorney Lesley Wolf, one of your top prosecutors, and FBI Special Agents from the Baltimore Field Office with respect to the contents of the FBI-generated FD-1023 alleging a criminal bribery scheme involving then-Vice President Biden and Hunter Biden,” Grassley’s letter said. “What steps have the Justice Department and FBI taken to investigate the allegations?” the Iowa senator asked before noting his concerns about Wolf’s involvement.

Grassley then highlighted the numerous ways Wolf appeared to have obstructed the investigation into Hunter Biden’s potentially criminal business activities. “IRS whistleblowers have affirmed that AUSA Wolf prevented investigators from seeking information about Joe Biden’s involvement in Hunter Biden’s criminal business arrangements,” Grassley said, adding that she also “frustrated investigative efforts” by the IRS agents to question Hunter Biden’s business partner, Rob Walker, about Joe Biden.

Wolf also refused to allow agents to search Joe Biden’s guest house, even though there was “more than enough probable cause,” and she prevented investigators from searching a storage unit used by the now-president’s son, the letter said. In fact, Grassley stressed, Wolf alerted Hunter Biden’s lawyers to the investigators’ interest in the storage unit.

Given what Grassley called Wolf’s “questionable and obstructive conduct,” he asked Weiss whether Wolf had taken “similar proactive measures to frustrate any investigation into the FD-1023.” Grassley also probed Weiss’s knowledge of the accusations leveled against Wolf and how he has handled them. From Grassley’s questions, he seems to believe Wolf knows whether the DOJ buried evidence that Joe and Hunter Biden received bribes from the Ukrainian oil and gas company Burisma. 

Former Attorney General William Barr had previously confirmed that the FD-1023 summary of the CHS’s intel had been sent to the Delaware U.S. attorney’s office for further investigation, following then-Pittsburgh U.S. Attorney Scott Brady’s conclusion that the reporting was not Russian disinformation. Barr later also said the Delaware office had been briefed on the FD-1023 material. Until now, however, it was unclear who had received that information. 

Knowing that Wolf and FBI special agents from the Baltimore field office received a briefing on the contents of the FD-1023 allows congressional oversight committees to probe precisely who investigated the CHS’s allegations and how — or if not, why. Did Wolf direct agents to disregard the FD-1023? Did anyone else? If so, why? Who was involved in the decision? Who knew of the decision?

While we do not know the answers to those questions yet, we do know from the Internal Revenue Service whistleblowers that they were not informed of the FD-1023. As Grassley noted in his letter, the IRS agents were excluded from the meeting with the Pittsburgh field office. We also know from the IRS whistleblowers’ congressional testimony and supplemental statements that they first learned of the FD-1023 when Barr publicly stated the information had been sent to Delaware for further investigation. 

Who decided to exclude the IRS agents from the meeting? Who decided to keep them in the dark about the FD-1023 and the information contained in it? Was anyone from the Baltimore field office adequately skilled to investigate the CHS’s reporting? As members of the IRS’s International Tax and Financial Crimes group, both the IRS whistleblowers working with the Delaware U.S. attorney’s office were. So why were they cut out of the case? 

Following the release of Grassley’s letter, a source familiar with the Delaware briefing told The Federalist that in addition to summarizing the contents of the FD-1023, the Pittsburgh office requested the FBI provide FD-1023 access to the Delaware U.S. attorney’s office and the agents out of the Baltimore field office working on the case. The Pittsburgh office also told Wolf and the FBI agents present during the briefing that the information contained in the FD-1023 bore indicia of credibility and they recommended it be further investigated.

But was it investigated? Grassley asked precisely that question to Weiss. 

The Iowa senator also asked Weiss when he became aware of the October 2020 briefing and why the IRS agents were excluded from that meeting. Grassley further inquired of the Delaware U.S. attorney whether the scope of the “alleged ‘ongoing investigation’ include[s] criminal bribery with respect to the alleged criminal scheme between a foreign national and then-Vice President Biden and Hunter Biden?”

In posing these questions, Grassley noted that from information provided to his office, “potentially hundreds of Justice Department and FBI officials have had access to the FD-1023 at issue.” This comment proves intriguing because in an earlier letter, Grassley had noted that in August 2020, FBI Supervisory Intelligence Analyst Brian Auten had opened an assessment that FBI headquarters used in September 2020 to falsely label derogatory information about Hunter Biden as disinformation. According to Grassley’s letter, the FBI HQ team then “placed their findings with respect to whether reporting was disinformation in a restricted access sub-file reviewable only by the particular agents responsible for uncovering the specific information.”

Grassley’s recent comment suggests that contrary to the earlier assumption, it may have been other derogatory information labeled misinformation and not the FD-1023. Or possibly the FD-1023 had been at one time restricted and then made more broadly available. But if it wasn’t the FD-1023 that Auten buried, that means there was even more derogatory information about Hunter Biden that the FBI failed to investigate. What was that information?

Grassley’s letter may raise more questions than it answers, but it also establishes the senator is nearing the end of the trail that leads to the individuals responsible for deciding to — or not to — investigate the FD-1023 and the allegations that the now-president of the United States accepted a $5 million bribe from a corrupt Ukrainian. 


Margot Cleveland is The Federalist’s senior legal correspondent. She is also a contributor to National Review Online, the Washington Examiner, Aleteia, and Townhall.com, and has been published in the Wall Street Journal and USA Today. Cleveland is a lawyer and a graduate of the Notre Dame Law School, where she earned the Hoynes Prize—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. As a stay-at-home homeschooling mom of a young son with cystic fibrosis, Cleveland frequently writes on cultural issues related to parenting and special-needs children. Cleveland is on Twitter at @ProfMJCleveland. The views expressed here are those of Cleveland in her private capacity.

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