Hunter Biden's plea deal is dead as the DOJ appoints a special counsel to oversee its investigation

• Hunter Biden's legal troubles just got a whole lot worse.
• Attorney General Merrick Garland appointed a special counsel to investigate him.

Attorney General Merrick Garland on Friday signaled that the Justice Department is deepening its investigation into Hunter Biden by elevating US Attorney David Weiss to the level of special counsel.

The surprise announcement came as federal prosecutors suggested that a plea deal with the president's son is now effectively dead after a Trump-appointed judge refused to accept it. The twin developments now increase the likelihood that President Joe Biden's family will face increased scrutiny as the president campaigns for his reelection, especially since the collapse of the plea deal would mean Hunter Biden would stand trial.

Garland, who has repeatedly declared that Weiss has the ultimate say over the DOJ's Hunter Biden probe, said that Weiss had asked him earlier this week to be elevated to special counsel. Weiss, a Trump appointee, will remain Delaware's US Attorney, a post he was allowed to stay in after Biden took power.

"This appointment confirms my commitment to provide Mr. Weiss all the resources he requests," Garland said during a news conference. "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."

Weiss is now the third special counsel, joining Jack Smith, who is investigating former President Donald Trump's handling of classified documents and his efforts to overturn the 2020 presidential election; and Robert Hur, who is investigating Biden's handling of classified documents after leaving the Obama White House.

Garland said that Weiss will, as required by law, make a final report upon the conclusion of his investigation as to why charges should or should not be brought. The attorney general said that he would try to make as much of Weiss' report public as possible. Then-Attorney General Bill Barr followed a similar vow when special counsel Robert Mueller released his report, though Barr faced intense criticism over how he handled the release.

Republicans, some of whom have called for a special counsel for years, were quick to dismiss Weiss' appointment. Many in the GOP are still furious over Weiss' role in Hunter Biden's now-potentially dead plea deal. Under the initial agreement, Biden was to plead guilty to two tax crimes and if he behaved well avoid an additional gun charge. It appeared likely that the president's son would have avoided jail time as a result of the deal.

On Friday, federal prosecutors said they are now at an "impasse" over the future of the deal. Judge Maryellen Noreika refused to accept the agreement last month after intense questioning of Weiss' team. She took particular issue with the scope of the deal and whether it would effectively end all ongoing investigations into Hunter Biden.

"'[T]he parties are at an impasse and are not in agreement on either a plea agreement or a diversion agreement," prosecutors wrote in the court filing.