Perspectives; Thoughts; Comments; Opinions; Discussions

Posts tagged ‘THOMAS SOBOCINSKI’

Baltimore FBI Agent Agrees Weiss Didn’t Have Ultimate Authority to Charge Hunter Biden


BY: MARGOT CLEVELAND | SEPTEMBER 14, 2023

Read more at https://thefederalist.com/2023/09/14/baltimore-fbi-agent-agrees-weiss-didnt-have-ultimate-authority-to-charge-hunter-biden/

Baltimore FBI field office

Author Margot Cleveland profile

MARGOT CLEVELAND

VISIT ON TWITTER@PROFMJCLEVELAND

MORE ARTICLES

The assistant special agent in charge (ASAC) of the Baltimore FBI office sat for a transcribed interview on Monday with the House Judiciary Committee. The transcript from the closed-door session, which The Federalist has reviewed in full, reveals a rare find: an FBI agent still involved in the Hunter Biden investigation who will admit the obvious — that Delaware U.S. Attorney David Weiss did not have ultimate authority to charge the president’s son.

Monday’s interview of the Baltimore ASAC, whose name is being withheld by the House Judiciary Committee, followed the questioning last week of her boss, Thomas Sobocinski, the special agent in charge. Both Sobocinski and the ASAC attended the Oct. 7, 2022, meeting in which, according to IRS whistleblower Gary Shapley, Weiss said he was not the final decisionmaker on whether to bring charges against Hunter Biden.

In questioning the ASAC, the Judiciary Committee asked about her understanding of Weiss’s authority. She initially testified that she understood Weiss had the authority “to move forward and bring charges if that was what the determination was and he would go forth in doing that.” But after several back-and-forths, which included the ASAC reviewing the statutory language that would allow Weiss to bring charges in another district, she acknowledged that Weiss did not have the ultimate authority to charge Hunter Biden. 

“But based on what we just discussed, it’s true that Mr. Weiss alone was not the deciding person on whether charges are filed?” the House attorney queried.

“I would say, based on the statute, seeing that, as it reads here … yes, I would say that there is someone else, the Attorney General, as it’s noted here in the statute, that is involved in this process,” the ASAC replied. 

The House attorney continued: “[I]s it your understanding today that there is another person involved in whether Mr. Weiss could bring charges in another jurisdiction?”

“Yes,” the ASAC concurred.

The ASAC’s answer has been obvious to everyone for months, yet Democrats, the legacy media, and Weiss and Merrick Garland apologists have refused to acknowledge the reality. Even the ASAC’s boss, throughout his interview with the House Judiciary Committee, maintained, “Weiss had the authority in the U.S. to bring the charges where venue presented itself,” wherever he wanted, whether it be in California or D.C. And even when pushed on the limitations of a U.S. attorney’s authority, Sobocinski said Weiss had the authority and it was merely a matter of administrative hoop-jumping for the Delaware U.S. attorney to charge Biden in another district. 

In fact, that Sobocinski couldn’t admit the truth rendered his entire testimony not credible. That is precisely why no one should believe anything Weiss and AG Garland say about the Hunter Biden investigation either — because they first deceived Congress and the American public about Weiss’s authority and have since doubled down on their misrepresentations. 

Garland, for his part, told Sen. Chuck Grassley under oath that “the U.S. attorney in Delaware has been advised that he has full authority … to bring cases in other jurisdictions if he feels it’s necessary.” Weiss then covered for Garland, telling the House Judiciary Committee in a letter on June 7, 2023, that “as the Attorney General has stated, I have 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…” 

Then after the transcript of Shapley’s congressional closed-door interview was released, revealing the whistleblower’s testimony that during the meeting on Oct. 7, 2022, Weiss had said he was not the ultimate decisionmaker on whether to charge Hunter Biden, Weiss clarified his statement. While saying he stood by what he had written in his June 7, 2023, letter to the House Judiciary Committee, Weiss wrote in an early July follow-up letter that he wished to expand on what he meant. He acknowledged that as the U.S. attorney for the District of Delaware, he lacked the authority to charge Hunter Biden in other districts. Yet, not to worry, Weiss assured the House oversight committee: Garland had promised him that, if necessary, the AG would grant Weiss special attorney status to allow him to prosecute Hunter Biden in D.C., California, or any other jurisdiction.

The most revealing fact from Monday’s interview is that it took this long and this ASAC to say openly what the attorney general, the U.S. attorney, and the special agent in charge of the Baltimore FBI field office continue to obfuscate about: Weiss’s pre-special counsel authority. The only real reason to hide the reality that Weiss lacked the authority to charge Hunter Biden in D.C. and California is that it means the failure to charge him for felony tax offenses falls on the U.S. attorneys and attorney general his father appointed. 

Thus the ASAC’s testimony also confirmed that the Biden-appointed U.S. attorneys in D.C. and California had refused to bring charges against Hunter Biden in their districts where they had proper venue for the alleged tax felonies.

On the question of what, precisely, Weiss had said during the Oct. 7, 2022, meeting, the ASAC was less helpful, however, not remembering many of the details. But not only didn’t she remember what Shapley claimed was said during the meeting. She also didn’t remember what her boss, Sobocinski, admitted to saying during the meeting. Her lack of recall thus doesn’t carry much of a punch, especially when she hadn’t taken notes during the meeting, as Shapley had.

Of course, during the interview, the DOJ and FBI’s attorneys tried to spin Shapley’s email notes as merely a summary of the meeting written later, but the IRS whistleblower has already destroyed that narrative. On Wednesday, his attorneys provided the House Judiciary Committee a copy of the handwritten notes he had taken during the meeting. 

While those notes corroborate Shapley’s testimony, we are much beyond the question of what Weiss said during the meeting. We are now at the point that the House needs to launch additional impeachment inquiries of Garland, Weiss, and FBI Director Christopher Wray to uncover what the DOJ and FBI did (or didn’t do) to cover up for Hunter and Joe Biden and then cover up their cover-up.


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.

IRS Whistleblower Gives Congress More Documents, Boosting His Credibility and Busting the DOJ’s


BY: MARGOT CLEVELAND | SEPTEMBER 13, 2023

Read more at https://thefederalist.com/2023/09/13/irs-whistleblower-gives-congress-more-documents-boosting-his-credibility-and-busting-the-dojs/

IRS whistleblower Gary Shapley

Author Margot Cleveland profile

MARGOT CLEVELAND

VISIT ON TWITTER@PROFMJCLEVELAND

MORE ARTICLES

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 Scribdhttps://www.scribd.com/embeds/671047106/content?start_page=1&view_mode=scroll&access_key=key-eqkS2VXSh3XTA40s9ZCt


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.

Tag Cloud