Levin, Dershowitz Agree: Dems Can’t Use Special Counsel to Block Comer’s Investigation of Hunter Biden

Craig Bannister | August 14, 2023
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Constitutionally, Democrats cannot use the appointment of a special counsel to prevent the House Oversight Committee from investigating Hunter Biden’s lucrative, but dubious, financial dealing with foreign actors, conservative Constitutional Scholar Mark Levin and famed liberal Harvard Professor Emeritus Alan Dershowitz agree.

On Sunday’s episode of “Life, Liberty and Levin,” the two distinguished constitutional experts discussed Friday’s appointment by Attorney General Merrick Garland of Delaware U.S. Attorney David Weiss as special counsel to look into Hunter Biden’s multi-million dollar financial dealings abroad.

Weiss was the architect of a notoriously lenient, and unprecedented, plea deal regarding Biden’s tax violations – which was ultimately rejected by the judge in the case.

“They shouldn’t be able to use the special counsel assignment as a basis to change substantially the ability of Congress to investigate. Do you agree?” Levin asked Dershowitz.

“I agree with you. It’s a constitutional issue. Constitutionally, there’s a separation of powers and checks and balances,” Dershowitz said:

“And, the fact that the government says ‘We’re conducting an investigation’ is a factor. But, it’s not determinative.

“Congress can demand, issue subpoenas, hold people in contempt, if they refuse to answer. Then, the courts will have to decide.”

Dropping the current indictment and moving the case to the central district of California suggests that some type of potentially-serious development prompted the appointment of the special counsel, Dershowitz said:

“This is possibly a big deal – it’s not just a technical change, because they dropped the current indictment…and now they’re moving the case to the central district of California.

“That means that the special counsel probably found something: maybe a smoking gun, maybe just a gun. Who knows?

“But, something new has occurred to bring about this switch.”

Americans may finally get some answers about what Weiss was doing with himself during the five years he was, supposedly, investigating Biden before becoming special prosecutor, Dershowitz said:

“If I were Congress or I were the judge, the first question I would ask Weiss is, ‘What did you actually investigate? What did you look into? Did you only look into the gun and the taxes, or did you look into payments that other governments and others may have made?’

“That’s the real question. I think we may see some answers now from this lawyer, now that he’s been given this much, much broader and more power status.”

On Friday, House Oversight Chairman James Comer (R-Ky.) issued a statement promising that his investigation will not be impeded by Garland’s blatantly transparent effort to block it:

“Let’s be clear what today’s move is really about. The Biden Justice Department is trying to stonewall congressional oversight as we have presented evidence to the American people about the Biden family’s corruption.”


“This move by Attorney General Garland is part of the Justice Department’s efforts to attempt a Biden family coverup in light of the House Oversight Committee’s mounting evidence of President Joe Biden’s role in his family’s schemes selling ‘the brand’ for millions of dollars to foreign nationals.”


“The House Oversight Committee will continue to follow the Biden family’s money trail and interview witnesses to determine whether foreign actors targeted the Bidens, President Biden is compromised and corrupt, and our national security is threatened. We will also continue to work with the House Committees on Judiciary and Ways and Means to root out misconduct at the Justice Department and hold bad actors accountable for weaponizing law enforcement powers.”