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Lawyers for two IRS whistleblowers who exposed the Hunter Biden criminal probe are seeking an inspector general investigation into Special Counsel David Weiss, alleging that his office deliberately misled the public about the whistleblowers being under investigation. The whistleblowers, Gary Shapley and Joseph Ziegler, testified before Congress about alleged political considerations affecting the probe of Hunter Biden, prompting backlash from both the defense and prosecution. House Oversight and Accountability Chairman James Comer accused Weiss of engaging in a smear campaign against the whistleblowers to cover his tracks after being caught trying to give Hunter Biden a lenient plea deal. Empower Oversight, representing Shapley and Ziegler, is calling for investigations by the Office of Inspector General and the Office of Professional Responsibility.

According to Empower Oversight, Weiss has been retaliating against Shapley for speaking out about the handling of the Hunter Biden probe. Shapley and Ziegler have been accused of making unsubstantiated claims that the prosecutors’ decision-making was influenced by politics. The federal court filing by Weiss’ office on March 11 suggested the whistleblowers were under investigation, which Empower Oversight claims was an intentional misrepresentation. The whistleblowers have sought clarification from the Office of Special Counsel to affirm that they are not subjects of an investigation.

In 2023, Hunter Biden entered a plea deal with Weiss’ office, but Shapley and Ziegler presented new information to Congress which led to the rejection of the agreement by a federal judge. Attorney General Merrick Garland granted special counsel status to Weiss, allowing him to bring charges in a gun and tax evasion case against Hunter Biden. Weiss’ office opposes a motion to dismiss the tax case in California, arguing that the whistleblowers’ disclosures put political pressure on prosecutors. Empower Oversight has requested investigations by the DOJ’s Office of Inspector General and Office of Professional Responsibility regarding the handling of the whistleblower allegations.

The letter to DOJ internal watchdog officials accuses Weiss’ office of distorting the significance of the Office of Special Counsel’s investigation into the whistleblowers’ allegations of retaliation. The letter suggests that the DOJ filing falsely implied that an unnamed agency was investigating the whistleblowers themselves rather than recognizing that the Office of Special Counsel was investigating reprisal against the whistleblowers. The advocates for the whistleblowers assert that the justice system must not allow the mischaracterization of the Office of Special Counsel’s work for retaliatory attacks on whistleblowers who have done nothing wrong.

The OSC, led by former colleague of Hunter Biden, Hampton Dellinger, has received scrutiny in connection to the case. Dellinger has recused himself from the case, but the advocates for the whistleblowers urge the rest of the OSC to correct the record regarding the reprisal probe against the whistleblowers in the Hunter Biden case. The whistleblowers have raised concerns about the truth being misrepresented and are seeking accountability for any misconduct related to the handling of their allegations. The attorneys representing Shapley and Ziegler are calling for transparency and fairness in the investigations involving the IRS whistleblowers and Special Counsel David Weiss.

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