Congressional Republicans want Attorney General Merrick Garland to turn over the scope memorandum that outlines exactly what special counsel David Weiss has the authority to investigate. Garland appointed Weiss as special counsel so he could continue his investigation into allegations of criminal conduct by Hunter Biden and others. 

In a six-page letter, the chairmen of the Judiciary, Oversight, and Ways and Means Committees asked Garland to provide the scope memo, directives or instructions, in addition to all documents and communications related to Weiss’s appointment. They want the documents by Monday, Sept. 11. 

In the letter, the chairmen highlighted nine ways in which they contend the Department of Justice deviated substantially from standard procedure in handling the Hunter Biden investigation. They accused the department of attempting to circumvent the rule of law in favor of the Biden family. 

“It is not clear why you have only now, after the investigation has been going on for five years, opted to appoint Mr. Weiss as special counsel, especially after you and the Department represented that Mr. Weiss already had ‘ultimate’ authority over the case,” the chairmen wrote.  

When Garland announced Weiss’ appointment, he said Weiss will “continue to have the authority and responsibility that he has previously exercised to oversee the investigation and decide where, when, and whether to file charges.” 

In May 2020, then-Attorney General Bill Barr released the scope memo for the Trump-Russia investigation. It revealed special counsel Robert Mueller was authorized to investigate whether Trump campaign staffers Paul Manafort and George Papadopoulos committed crimes by colluding with Russian government officials to interfere with the 2016 election. It also permitted an investigation into Michael Flynn’s discussions with Russian government officials during the Trump presidential transition. 

Republicans used the memo, along with other evidence, to try to make the case that investigators knew there was no collusion before the special counsel’s investigation officially began. 

“The legal foundation for Mueller’s appointment is crumbling,” Sen. Lindsey Graham, R-S.C., said on Fox in May 2020. “In January 2017 the sub-source disavowed the dossier and without the dossier there’s no warrant.” 

Graham referred to the Steele dossier, a discredited document written by British spy Christopher Steele. It contained salacious allegations against Donald Trump and was used to get FISA surveillance warrants against a member of the Trump team. FBI investigators knew the document had no credibility. 

The Mueller investigation ultimately led to 37 indictments and seven guilty pleas or convictions.