U.S. District Judge Maryellen Noreika dismissed the charges after David Weiss, the federal prosecutor leading the case against Biden, moved to dismiss them last week to bring charges in Washington, D.C., or California. Weiss was appointed as special counsel last Friday by Attorney General Merrick Garland after he asked for the role.
“On Tuesday of this week, Mr. Weiss advised me that in his judgment, his investigation had reached a stage at which he should continue his work as a special counsel, and he asked to be so appointed,” Garland said in a statement on the appointment.
Weiss’s appointment came amidst an unwinding plea deal in the case, which Biden’s legal team said the government went back on and the Department of Justice said was not standing due to a non-approval by a probation official. Many Republicans heavily criticized Weiss’s appointment, with 2024 GOP presidential candidate and South Carolina Sen. Tim Scott claiming the newly-minted special counsel “cannot be trusted” in an interview on Fox News last week.
“Appointing David as a special counsel is like keeping the concept of a DOJ protecting Democrats while hunting Republicans,” Scott said. “I can’t think of a more forceful sign that nothing has changed.”
Scott, along with more than 30 other Senate Republicans, had previously demanded Weiss be appointed as Special Counsel in a 2022 letter to the Justice Department.