‘Special Counsel Shall be Selected from OUTSIDE the U.S. Government’ – Which Weiss Is Not – Federal Regulations Say

Craig Bannister | August 14, 2023
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“This is a sham. There is no special counsel investigation,” former chief assistant U.S. Attorney Andrew McCarthy explained Friday, after Attorney General Merrick Garland appointed U.S. Attorney David Weiss as special counsel to investigate First Son Hunter Biden’s dubious, multi-million dollar financial dealings with foreign actors.

Weiss, U.S. attorney in Delaware, has already tried to give Hunter Biden a sweetheart plea deal regarding tax violations – but, was prevented from doing so when a judge rejected the unprecedented deal.

The appointment of Weiss as special counsel isn’t just a sham, because of Weiss’ pro-Biden bias – it also violates federal regulations requiring special counsels to come from outside the federal government – McCarthy explained in an interview with Fox News:

“This is a sham. There is no special counsel investigation and there is no Biden investigation.

“The special counsel regulations, what makes a special counsel ‘special,’ is that you’re a lawyer who’s brought in from outside the United States government – not just outside the Justice Department – outside the government.

“This U.S. attorney is being appointed not withstanding that he is an attorney who is a top official in the Biden Justice Department and Garland made clear is going to continue to be a top official in the Biden Justice Department.”

Indeed, as 28 CFR § 600.3 (“Qualifications of the Special Counsel”) clearly states, the special counsel cannot be someone appointed from inside the U.S. government (emphasis added):

(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.

“This is Biden Justice Department’s vehicle for maintaining control of an investigation they are not pursuing,” McCarthy said:

“They’ve had the case for five years.

“They’ve never indicted it.

“They’re strategically allowing the statute of limitations to run, to the point that the 2014 and 2015 conduct, which covers most of the $21 million that the congressional investigation report showed this week, that’s already time barred.

“And, it’s time barred because David Weiss, himself, decided to let those charges die, rather than bring an indictment.”

“They’re not doing anything that you would do, if there was an actual investigation,” the former U.S. attorney noted, reiterating that Weiss cannot be trusted and is unqualified to serve as special counsel:

“And, he can’t be a special counsel, because he’s inside the government - and the point of having a special counsel is to bring in someone from outside the government who we can trust to do a credible investigation.”