The Non-Denial Denial: David Weiss and Prosecutorial Nihilism

Below is my column in The Hill on the long-awaited interview of Special Counsel David Weiss with House investigators. As expected, Weiss refused to answer most of the questions, but seemed perfectly Nietzschean in explaining obvious conflicts between the accounts of whistleblowers and the Attorney General.

Here is the column:

The philosopher Friedrich Nietzsche once said that all things are matters of mere interpretation and “whichever interpretation prevails at a given time is a function of power and not truth.”

One has to understand Nietzsche and his nihilistic rejection of meaning to fully appreciate this week’s interview with special counsel David Weiss. Indeed, Weiss seemed to be channeling pure Nietzsche in arguing that the denials of his request for authority to charge Hunter Biden were not really denials at all. What about the absence of any but a couple of gun charges after five years? Weiss insisted it is just a matter of interpretation.

Weiss appeared before the House Judiciary Committee, which is looking into the handling of the investigation into Hunter Biden’s alleged criminal conduct. The one thing that both Republican and Democratic members appear to agree upon is that the Weiss investigation was an unmitigated mess — years of delay and internal dissension over the indictment of the president’s son.

Indeed, after years of denial, some Democratic members and the journalists are now admitting that Hunter Biden clearly broke the law. The Weiss investigation, however, languished for years even as some of us were pointing out that the statute of limitations was about to pass on felonies.

At the same time, Attorney General Merrick Garland steadfastly refused to appoint a special counsel into the expanding corruption scandal involving Hunter and other Biden family members selling influence and access.

Congress was scheduled to hear from Weiss when Garland suddenly made him a special counsel, though the attorney general did not expressly extend his mandate to cover the corruption allegations. That allowed Weiss to delay any appearance. He would bring gun charges against Hunter, but he has inexplicably still not brought the tax charges that he did not previously allow to expire or charges under laws like the Foreign Agents Registration Act.

Weiss has shown no signs of movement as evidence has piled up. Most recently, Hunter’s own tax accountant gave incriminating evidence on his former client from claiming the payment of prostitutes as “a business expense” to allegedly misrepresenting payments as “loans.”

As expected, Weiss continued to refuse to answer questions about his lackadaisical approachThat includes obvious questions like why, when whistleblowers said the defense had agreed to an extension of the statute of limitations, Weiss let felonies expire. Those crimes included some of the most serious allegations of influence peddling and corruption facing the Biden family.

There was one area where the “ongoing investigation” mantra would not work. Garland repeatedly testified that Weiss had total authority to pursue any charges in any district. That was directly contradicted by the whistleblowers, who say that Weiss told them that he lacked such authority to pursue charges — a statement that Gary Shapley included in a memo sent to his superiors without any later contradiction or correction.

The account of the whistleblowers, that Weiss was turned down in efforts to bring charges against Hunter in California and Washington, D.C., were confirmed by those U.S. Attorneys — E. Martin Estrada (California) and Matthew Graves (D.C.). They also declined to explain why they refused to assist in prosecuting the son of the president.

Weiss has taken years and has brought only a couple of gun charges. Indeed, his billet could be described accurately as a systematic effort to avoid recognizing an array of evidence of other criminal acts.

The Justice Department was faced with a field littered with influence peddling and corrupt practices, including acts that may implicate the president himself. There are actual photos and videotapes of drug use, prostitution and luxury gifts tied to shady foreign sources. And then there are the millions of dollars of transfers from those foreign sources, and emails both promising access to Joe Biden and threatening his wrath if there are failures to pay.

In his House interview, Weiss continued to insist that he did indeed have full authority to bring any prosecution anywhere. When confronted by the fact that Estrada and Graves refused to cooperate, he admitted that he had asked for a special status to allow him to move forward on the cases under what is called “515 Special Attorney authority.”

However, a house investigator stated the obvious: “But [515 authority] wasn’t granted, right?”

“Yes. We have been over this. It wasn’t granted. They said follow the process. I followed the process…I asked for something, and in that conversation, they didn’t give it to me.”

The investigators then pressed again with the obvious: “When you ask for something and they didn’t give it to you, what is that?”

That is when Weiss went full Nietzsche.

Weiss responded “I’m not — you want me to say it’s a denial, but it’s not. Not when I know that, weeks later, I was specifically told, ‘You can proceed.’”

Weiss insisted that he was asked to “proceed with this process. We’re asking you to go through this process. From my mind, it’s a sequencing event. It’s not a denial in any way, shape or form.”

That is when he added “That’s the way I interpreted it.”

It is that easy. Even a denial is not really a denial. As Nietzsche said, it is all “a function of power and not truth.” For Garland and Weiss, blind justice itself becomes a matter of interpretation.

Jonathan Turley is the J.B. and Maurice C. Shapiro professor of Public Interest Law at the George Washington University Law School.

134 thoughts on “The Non-Denial Denial: David Weiss and Prosecutorial Nihilism”

  1. 𝐂𝐨𝐦𝐞𝐫 𝐬𝐮𝐛𝐩𝐨𝐞𝐧𝐚𝐬 𝐟𝐨𝐫𝐦𝐞𝐫 𝐖𝐡𝐢𝐭𝐞 𝐇𝐨𝐮𝐬𝐞 𝐜𝐨𝐮𝐧𝐬𝐞𝐥 𝐢𝐧 𝐜𝐥𝐚𝐬𝐬𝐢𝐟𝐢𝐞𝐝 𝐝𝐨𝐜𝐮𝐦𝐞𝐧𝐭𝐬 𝐩𝐫𝐨𝐛𝐞
    House Oversight Committee Chair James Comer (R-Ky.) on Monday issued a subpoena to former White House counsel Dana Remus in connection to the committee’s investigation into President Biden’s handling of classified documents from his time as vice president.
    By: Lauren Sforza – 11/13/23
    https://thehill.com/homenews/house/4307723-comer-subpoenas-former-white-house-counsel-over-classified-documents/

    𝐆𝐞𝐫𝐚𝐥𝐝𝐨 𝐑𝐢𝐯𝐞𝐫𝐚 𝐄𝐲𝐞𝐬 𝐂𝐍𝐍 𝐆𝐢𝐠: ‘𝐈 𝐓𝐡𝐢𝐧𝐤 𝐈𝐭 𝐖𝐨𝐮𝐥𝐝 𝐁𝐞 𝐚 𝐆𝐨𝐨𝐝 𝐅𝐢𝐭’
    Tabloid TV legend Geraldo Rivera, who ditched Fox News this summer after 22 years, has become an ever-increasing presence on CNN since becoming a free agent.
    The Daily Beast – ONE CAN DREAM
    By: Justin Baragona, Senior Media Reporter ~ Nov. 13, 2023
    https://www.thedailybeast.com/geraldo-rivera-eyes-cnn-gig-i-think-it-would-be-a-good-fit

    𝐍𝐨𝐭𝐞: Seems the all News Blackout on Special Counsel Robert Hur is still in effect. He may be AWOL or MIA. Better have Geraldo check the Morgue.

  2. I realize that it’s “in” to quote Friedrich Nietzsche. But Nietzsche wasn’t all that smart. In fact, the oppposite was more true than not.

    For example, here are some dumb Nietzshe quotations: “I’m not upset that you lied to me, I’m upset that from now on I can’t believe you.” So, David Weiss can lie his rear end off 24-7 and the worst that should happen to Weiss is that we not believe him anymore? Dumb!

    Here’s another: “That which does not kill you will make you stronger.” I tried this out once by ingesting a small quantity of fentanyl laced with meth–in honor of George Floyd, of course. I didn’t die. Otherwise, I wouldn’t have been able to write this message today. But I would hardly say I became stronger. As a matter of fact, I felt pretty sick for days afterward.

    Again, Nietsche is stupid and really shouldn’t be quoted, especially if you want to pretend to be smart.

  3. What a sh– show of a piece of crap this blog has become. Racist, misogynistic. No sense of reality. Tons of complaints of Biden being senile, yet trump blabbers non sense. makes fun of veterans that have been wounded and really anybody that is not Lilly white. And trump is the hero.

    Elections count. But for a right wind JT/trump follower it only counts if they win, otherwise it is fraud. Listen to trump speak. Whenever he accuses someone else of wrong doing, he is admitting what he has either already done or plans on doing.

    How did 40 million people get so stupid?

    1. Gee whiz Bob. Perhaps it was whoever taught you common core math. Was it someone named Lilly White?

      Pro tip from a Right Winder: when you’re attempting to call people stupid, proofread your comment before sending. 😊

      No thanks necessary.

  4. The Feds want Americans to follow the laws but they can do whatever they wish because laws are for gullible citizens. Hunter is the poster child of white privilege. Had a Latino, an immigrant, a White or Black person did what Hunter did, ….no special treatment esp if it involved IRS.

    OLLY has recently taken to using the word “regime” to describe the Feds. He has a point!

    To wit….

    Secret Service agents protecting Biden’s granddaughter open fire after 3 people try to break into SUV

    Secret Service agents assigned to defend President Biden’s granddaughter opened fire late Sunday on a group of people attempting to break into an unmarked Secret Service car, officials said. Agents protecting the 29-year-old lawyer‘s home in the Georgetown neighborhood of Washington caught three people attempting to break into a parked, unmarked Secret Service vehicle. …..“During this encounter, a federal agent discharged a service weapon and it is believed no one was struck,” Guglielmi said. “The offenders immediately fled the scene in a red vehicle and a regional lookout was issued to supporting units. There was no threat to any protectees and the incident is being investigated by the DC Metropolitan Police Department and the Secret Service.”

    https://nypost.com/2023/11/13/news/secret-service-agents-protecting-bidens-granddaughter-open-fire-after-3-people-try-to-break-into-suv/

    If any American were to discharge their pistol to scare off “people attempting” anything, never mind breaking into a parked vehicle, that American would be toast. If the police did it, CNN MSNBC DNC et al would be crying “police abuse, racism” etc. Yet, apparently, once again, the Feds can own weapons, discharge them as they see fit, damn the laws, attempt to take away our 2A rights.

    This is so wrong on so many levels.

      1. There is some goods news developing regarding ousting Commie George Soros funded prosecutors. Mail-in Votes are still being counted but for now the Regime has taken a hit. Buba Biberaj is the Soros prosecutor. Loudon County, VA is the wealthiest county in the USA, located outside DC

        https://enr.elections.virginia.gov/results/public/LOUDOUNCOUNTY/elections/2023-Nov-Gen/ballot-items/9ed1ab09-6e75-485a-b06a-6111d9a9fae7

        Commonwealth’s Attorney (Loudoun County)
        Last Updated: November 13, 2023, 4:39:14 PM (3 minutes ago)

        Candidate | Percentage | Votes
        R. D. “Bob” Anderson | 50.19% | 66,835
        Buta Biberaj | 49.43% | 65,814
        Write-In | 038% | 508

  5. Jonathan: You are disappointed because SC David Weiss would not provide the answers you and Chairman wanted in his interview last Tuesday. Weiss stated categorically neither AG Garland nor anyone else in the DOJ or the WH have interfered in his investigation of Hunter Biden. Weiss did refuse to answer Qs about his ongoing investigation because DOJ rules require that. And you know it.

    If Weiss’s 5 yr. investigation has been, in your words, an “unmitigated mess”, who is to blame? Weiss was appointed by DJT and Bill Barr because they thought he could dig up all sorts of crimes and implicate Joe Biden who they knew would be the Dem nominee in 2020. But all Weiss could come up with was the gun registration and tax problem. Not exactly the high crimes you and DJT expected and wanted.

    When Biden won in 2020 he appointed Garland as AG. Garland kept Weiss in place. Another disappointment for DJT who thought Biden would shut down the investigation of his son. That’s what DJT would have done had one of his son’s been under investigation under similar circumstances. DJT secretly hoped Biden would put a stop to the Weiss investigation and then he could use that to hammer Biden in the elections next year–“weaponization” of the DOJ to protect his son. That’s what drives you and the MAGA Republicans crazy because Hunter won’t be an issue next year for most voters.

    Despite Chairman Comer’s failure to find anything to charge Biden with “high crimes and misdemeanors” you continue to push the issue–now claiming Weiss has been “lackadaisical” for not pursuing what you claim is “influence peddling and corruption ” in the Biden family. I call it sour grapes! Why? Because “influence peddling” is not a crime under any federal criminal statute. And “corruption” applies only to public officials. Hunter was and has always been a private citizen. During the years of some of Comer’s allegations ( about the loans and repayments, etc.) Joe Biden was also a private citizen.

    Frankly, there is no there–there. This monster distractive campaign by Comer is going to end in disgrace for the House Maga Republicans. And that won’t be good for your reputation. You like to quote those who you think will add some luster to your unfounded claims. There is another quote from Nietzsche you neglected to mention: “Whoever fights monsters should see to that in the process he does not become a monster”. Sidney Powell tried to “unleash the Kraken” and we how that ended!

  6. The hero of Evangelical Christians, Dietrich Bonhoeffer in his book “Ethics”, channeled Nietzsche also saying there is no right or wrong, only subjectivism and interpretation. Why do we never hear any criticism of Bonhoeffer? Maybe because, Bonhoeffer, like Hunter Biden, was a grifter who just depended on money from Oligarchs for his livelihood (but of course this is never disclosed). Bonhoeffer was arrested in Germany for taking advantage of Jews fleeing to Austria. So, is there a double standard with Hunter Biden?

    1. I wrote earlier

      The teachings of Karl Marx, Friedrich Nietzsche, Jean-Paul Sartre, and Michel Foucault have permeated and shaped Western Civilization for decades.

      The above comment is evidence of my statement.

      True, Wayne has no idea who Karl Marx, Friedrich Nietzsche, Jean-Paul Sartre, and Michel Foucault were just like he hasnt a clue who is the hero of Evangelical Christians.

      Hint: Jesus Christ

      Alas most Christians are not familiar with Dietrich Bonhoeffer but then again nor does Wayne

      Pro-tip for Wayne: talk to us when you have informed your hero, Gavin Newsom, that California is the butt of national jokes, hemorrhaging money, is undergoing an exodus of taxpayers, influx of grifters and you personally have executed a plan on how to correct the myriad of lethal problems in CA. Then, and only then, come back to initiate an intellectual discourse on the hero of Evangelical Christians. You might learn something. Syllogisms are no way to win brownie points around here

      NB: The Left has lost what little cognitive ability they told us they acquired with their plethora of earned academic degrees, not that they ever truly had the potential to fit reason into brain dead material

      SMH

  7. The hero of Evangelical Christians, Dietrich Bonhoeffer, channeled Nietzsche and said the same thing in his book “Ethics” – there is no right or wrong, only pure subjectivism. But you never hear any criticism of Bonhoeffer do you?

  8. What is all the whining and complaining, victimization all about, the Dear Leader said he’s going to jail the vermin and anybody that is opposed to the Dear Leader. If the Trump cult is so sure of itself that the Dear Leader will install himself as dictator for life, then why all the fuss. The Dear Leader will tell us what the law is so why even bother with the pearl clutching and the daily grievances when the Dear Leader will throw anybody against the Dear Leader in jail or execution live on Trump TV. Just remember the brand new campaign slogans decreed by the Dear Leader, “Truth is subjective” “Reality is arbitrary” Now that you all are relaxed, maybe you can come up with a new salute, the old one was used in 1930’s Germany.

    1. 1930s Germany? Like what? Trump is Hitler? My god you are a fool.
      Your fellow Biden/Obama voters are marching in the streets right now calling for Holocost 2.0, while defacing monuments, assaulting people, and shouting for Biden to arrest his political enemies.
      But you are so stupid that you think the president who actually created peace, who moved the embassy to Jerusalem, who stopped ISIS, who was nominated numerous times for the Nobel Peace Prize, and who’s own family is Jewish –is the next Hitler???
      Do you even know what Biden is doing?? Talk about PROJECTION….
      Democrats count on the stupidity of their voters.
      And you truly are stupid.
      And nasty, too.

  9. Remember when Democrats howled that Ivanna Trump making money selling jewelry was illegal because she was the daughter of the President? There was that 60 Minutes scandal where her bracelet was considered improperly profiting from the interview? Remember when they claimed that foreign travelers paying the going rate to stay in a Trump Hotel, of which President Donald Trump had divested all control, was a violation of the Emoluments Clause? Remember when it was claimed that President Trump allowing his children to get the clearance to serve as advisors was corrupt and illegal?

    Somehow, Hunter Biden shaking down Chinese officials for millions of dollars for favors from VP Joe Biden was perfectly fine? The entire Biden family pay to play empire is fine?

  10. There is a two tier justice system in politics.

    Democrats looted, burned, committed arson, and committed assaults across the country, stormed state and federal buildings, and have interfered with Congress. They’re called freedom fighters. Republicans engaged in one protest that turned into a riot in the federal building, in which one of the protesters was shot and killed, and anyone who attended spent time in solitary, and was charged the maximum allowed. People who were let in by Capitol Police were charged with “illegally parading.”

    Joe Biden bragged about a quid pro quo with Ukraine, in which he held up all US aid unless they fired the prosecutor who was investigating Burma that day. Donald Trump was impeached for inquiring about it.

    Every single time Democrats lose a major election, they claim it was stolen, there was interference, or they file lawsuits to block the results. Al Gore tried to get recounts only in districts that favor Democrats. Donald Trump believed he lost due to malfeasance, and he’s facing criminal charges. There were cases of ballot stuffing, an entire state imposed different ballot criteria in different districts in violation of the 14th Amendment, truckloads of ballots showed up overnight, Republican poll watchers were barred while Democrat poll watchers were allowed, and myriad other red flag behaviors, but questioning that, and exploring what the options were to fight fraud, gets one party applauded but the other arrested.

    Democrats control the bureaucracy, and all 3 letter agencies. Taxpayers right now are funding Democrat voting drives, in which taxpayer money goes to Get Out The Vote (GOTV), which only targets historically Democrat voters, minorities, the poor, and government workers. GOTV does not include all voters, equally, just predicted Democrat voters, and Republican taxpayers are paying for it.

    Joe Biden still has not been charged for corruption. Will the Democrat-run 3 letter agencies successfully shield him and his Party? That laptop would have landed anyone but Hunter Biden in prison by now, and all he’s had is a gun charge for lying about his drug use.

    1. The new Republican Speaker of the House said there’s insufficient evidence for any impeachment of Biden. You got Weiss under oath and he didn’t tell you what you wanted to hear. That’s the bottom line here.

    2. Excellent commentary, Karen S. These incongruities have become more and more disconcerting, especially when we have government employees who are members of the bar allowing statutes of limitations to run. In New York State, we have the AG and the Manhattan DA persecuting and prosecuting our former president. Apart from the unfairness of it all, it seems to many of us in New York State that Ms. James and Mr. Bragg are squandering tax payer dollars.

  11. [But] is avoidance in an argument or denial of action: “yes but”, [Like] is another word often used, “it’s like” or in the context of Weiss “I didn’t have, but like that’s not relevant now that I do”.

    What’s most OFFENSIVE about this matter is the complete lack of concern for the LAW!

    G. K. Chesterton: “It isn’t that they can’t see the solution. It is that they can’t see the problem.”

    Noam Chomsky: “As soon as questions of will or decision or reason or choice of actions arise, human science is at a loss”.

    1. Treasons? We’re the people who attacked the capitol on 1/6 Dems? We’re the people trying to prevent the peaceful transfer of power Dems? Is a dem candidate stating the he’ll get ride of the vermin. Is a dem candidate stating that he will use the federal government to go after his enemies?

      1. Is a dem candidate stating that he will use the federal government to go after his enemies?

        A dem president sure is.

      2. It was a protest that turned into a riot.
        A Democrat President let the illegal immigrants in in the first place. Some 100 of whom are on the FBI terrorism watch list.
        A Democrat President is currently using the FBI, IRS, DOJ to go after his political enemies.
        A Democrat President is currently undermining our ally, Israel, in calling for a cease fire to allow terrorists to re-arm, re-group and or escape justice.
        A Democrat President is currently waging a proxy war and failing at it at great expense in the cost of lives, material and money.
        A Democrat President created the opportunity for a multi-polar world at the cost of the US/West uni-polar world.
        These are all issues that will affect not only the global geo-political landscape for decades to come, but domestic issues as well.
        Biden did that.

      3. The Dems in the 117th Congress attempted to
        1. Abolish the filibuster and then
        2. Add 4 Dem senators
        3. Pack the Supreme Court
        4. Abolish the electoral college

        And dont make me relist the history of the Democratic Party

  12. nihilism or lawlessness?
    The Machiavellian Fascist Democrats have CENTRAL CONTROL…the USA is in DANGER!
    Why ZERO elected Republicans DEFEND TRUMP or JUST CUT ALL FUNDING is a uniparty Mystery! Remember Germans and Italians voted for Fascism in the 1930’s

      1. Sane, normal thinking Democrats are not fascists.
        These would be people like Bill Maher, Elon Musk, James Carville and of course the good professor. Of note, Bill Maher and James Carville both think the leftists that have highjacked the Democrat party are insane and stupid.
        Leftist Democrats have demonstrated their fascism with the overt support of the 7 October terrorist attack against innocent, unarmed Israel citizens. Leftist Democrats cheered them on, with some calling the attack, “awesome,” “energizing,” “exhilarating.”
        So, yes, if you identify with any of that to include Bill and James opinions, you just might be a fascist.

  13. Just hold on to your pantyhose, Weiss, just like Reichsmarschall James Comey, will softly sail out into the Sunset after the 2024 Election.
    This and the rest of the Biden-Obama-Clinton mess will be cataloged and safely stored away in the National Archives,
    never to be seen again. Amen

Leave a Reply