Hunter Biden Special Counsel Shows AG Merrick Garland Is Clueless

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Hunter Biden Special Counsel Shows AG Merrick Garland Is Clueless
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OPINION: “It's more than a little ironic that Merrick Garland is contravening the special counsel regulations in the same way that Bill Bar contravened them,” Shan Wu writes. “But what motivates Garland–an apparent stickler for the rules–to break them?”

After spending a half-decade investigating Hunter Biden, the U.S. Department of Justice has now decided that it needs a special counsel to finish the job.that he would name David Weiss, the U.S. Attorney for Delaware, as the special counsel for the prosecution of President Biden’s only surviving son after Weiss requested the appointment and in light of what Garland termed to be the “extraordinary circumstances” of the case which made such an appointment to be in the public interest.

While some commentators have opined that the need to bring charges outside of Delaware may underlie the decision to give Weiss the special counsel title—he will continue to serve as U.S. Attorney as well—such a rationale would appear unfounded because Attorney General Garland could have given Weiss the authority to prosecute outside of Delaware under 28 U.S.C. section 515. This provision authorizes the Attorney General to give any DOJ attorney extra-territorial authority as a “special attorney.

This dual role is inherently at odds with the very purpose of the special counsel regulations which is to have a prosecutor, not a member of the DOJ, handle the prosecution to avoid the conflict of interest.

The public record doesn’t inform us of everything that Garland is privy to and took into consideration. But it does tell us that Garland based his decision in major part on the fact that Weiss asked him for the special counsel title. Given Garland’s previous robust assertions that Weiss had never asked to be made special counsel, it is likely that Garland felt unable to refuse the request once made for fear of looking political.

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