Attorney General Merrick Garland has appointed Delaware Federal Prosecutor David Weiss as Special Counsel overseeing the Huner Biden collection of investigations. You all know this already. There are problems with Garland’s appointment and with Weiss’ being in that position.
Here is what 28 CFR § 600.3 – Qualifications of the Special Counsel says about who’s allowed to be appointed to the position and who’s allowed to occupy the position.
- 600.3 Qualifications of the Special Counsel.
(a) An individual named as Special Counsel shall be a lawyer with a reputation for integrity and impartial decisionmaking, and with appropriate experience to ensure both that the investigation will be conducted ably, expeditiously and thoroughly, and that investigative and prosecutorial decisions will be supported by an informed understanding of the criminal law and Department of Justice policies. The Special Counsel shall be selected from outside the United States Government. Special Counsels shall agree that their responsibilities as Special Counsel shall take first precedence in their professional lives, and that it may be necessary to devote their full time to the investigation, depending on its complexity and the stage of the investigation.
(b) The Attorney General shall consult with the Assistant Attorney General for Administration to ensure an appropriate method of appointment, and to ensure that a Special Counsel undergoes an appropriate background investigation and a detailed review of ethics and conflicts of interest issues. A Special Counsel shall be appointed as a “confidential employee” as defined in 5 U.S.C. 7511(b)(2)(C).
The problems begin with Special Counsel shall be a lawyer with a reputation for integrity and impartial decisionmaking. Both of these criteria are open questions as they apply to Weiss. Weiss, recall, is the Delaware Federal Prosecutor who agreed to a plea deal regarding Hunter Biden’s tax and gun possession misbehaviors that was so dishonest—he even tried to slide a permanent immunity clause into a rehab program requirement and didn’t present that clause to the presiding judge until the day he, in collusion with Biden’s lawyers, hoped she would bless the deal—that the presiding judge rejected the deal the day it was laid in front of her. The lack of impartiality of Weiss’ decision making is exemplified by that same dishonest plea deal: his judgment was such that he thought he could railroad, or con, the judge with his stampede effort.
Next is the part about the investigation will be conducted ably, expeditiously and thoroughly. Weiss took five years to investigate what he considered to be misdemeanors and a minor drug habit—the charges and rehab need to which he agreed in the above plea deal. He may have been uncommonly thorough (emphasis on may) in those misdemeanor investigations, but they most assuredly were neither ably done nor expeditiously so.
Then there’s the bit about The Special Counsel shall be selected from outside the United States Government. This, by itself, should have been a deal breaker, and it demonstrates AG Merrick Garland’s own utter dishonesty and shameless participation in what can only be a coverup of Hunter Biden’s, President Joe Biden’s (D), and the Biden Family Syndicate’s criminal behaviors. Weiss, as I’ve mentioned a couple of times above, is deep inside the United States Government; he’s deep inside the United States Department of Justice; he was, until his current appointment, the United States Attorney for the District of Delaware.
That former Attorney General Bill Barr appointed United States Attorney for the District of Connecticut John Durham as Special Counsel regarding the Russia Collusion Hoax sets no precedent that clears Garland or Weiss of this deal breaker. That’s merely a prior grievous error by an Attorney General.