The federal investigation of HUNTER BIDEN was upended in the span of an hour this afternoon with a pair of surprise developments inside the Justice Department. The prosecution of President JOE BIDEN’s son, which appeared to be nearing completion only a few weeks ago, now appears to be set for months of more wrangling — and a possible trial. First … In a surprise announcement, AG MERRICK GARLAND named DAVID WEISS, the U.S. attorney for Delaware who has been leading the probe, as a special counsel, giving him broader powers to investigate and bring charges without standard Justice Department oversight. Weiss, who had not previously sought special counsel authority, did so on Tuesday, and Garland said he determined the move was warranted. “This appointment confirms my commitment to provide Mr. Weiss all the resources he requests,” he said in a statement delivered at Main Justice. “It also reaffirms that Mr. Weiss has the authority he needs to conduct a thorough investigation and to continue to take the steps he deems appropriate independently, based only on the facts and the law.” More from Betsy Woodruff Swan Then … Moments later, prosecutors working under Weiss filed papers in Delaware’s federal trial court indicating that they no longer had any hopes of reaching a plea bargain with the younger Biden on tax and gun charges. (Recall that a misdemeanor plea deal that would have kept him out of jail fell apart at a court hearing last month.) “The Government now believes that the case will not resolve short of a trial,” the prosecutors wrote, asking the judge to dismiss the pending charges so the case could be refiled in California or D.C., where Biden is alleged to have committed his tax crimes. Note that the request for a change of venue would not have been possible without Garland’s special counsel designation, which now gives Weiss the latitude to file charges outside of Delaware. The fallout … Republicans have raised questions for months about why Weiss had not been granted special counsel status. But now that he has it, they are hardly pleased. House Oversight Committee Chair JAMES COMER, who has been leading the GOP’s investigation into the Biden family, called Garland’s move “part of the Justice Department’s efforts to attempt a Biden family coverup,” while a spokesman for Judiciary Committee Chair JIM JORDAN said “Weiss can’t be trusted” with the case. CHUTKAN WARNS TRUMP — Just before Garland spoke a few blocks down Pennsylvania Avenue, a separate set of federal prosecutors and lawyers for former president DONALD TRUMP sparred in front of U.S. District Judge TANYA CHUTKAN over the DOJ’s request for a protective order in the ongoing 2020 election conspiracy case. Chutkan’s decision, dealing with how Trump and his defense team can disclose evidence gathered in the case, split the difference between the two sides. Although the prosecutors under special counsel JACK SMITH initially wanted to bar Trump and his defense team from disclosing any evidence handed over to Trump's defense as they prepare for trial, Chutkan said she was willing to allow nonsensitive materials to be made public. “I don’t want this order to be overinclusive,” Chutkan said, “I don’t want to just issue a blanket protective order over information that is not sensitive." Still, Chutkan repeatedly noted that Trump is still required to adhere to pretrial conditions preventing witness intimidation. “What the defendant is currently doing, the fact that he’s running a political campaign, has to yield to the orderly administration of justice,” Chutkan said. “If that means he can’t say exactly what he wants to say about witnesses in this case, that’s how it has to be.” Chutkan closed the hearing with a final warning for Trump’s team: The more “inflammatory statements” are made that could affect the jury, the “greater the urgency will be that we proceed to trial quickly.” More from Kyle Cheney Related read: “Who Are the Prosecutors Helping Jack Smith Take On Donald Trump?,” by WSJ’s Sadie Gurman Good Friday afternoon. Thanks for reading Playbook PM. Drop me a line: birvine@politico.com.
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