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‘THIS IS A SHAM’: Legal Expert Claims Weiss’ Appointment To Special Counsel Is ‘Illegal’; Here’s Why

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The appointment of U.S. attorney David Weiss as Special Counsel to oversee the investigation into Hunter Biden has garnered much debate and contention. Fox’s legal analyst, Andrew McCarthy, sharply criticized the decision, terming it a “sham” and questioned its legality based on the guidelines for appointing a Special Counsel.

Speaking on air, McCarthy began by emphasizing that the real essence of appointing a Special Counsel lies in bringing someone external, not only from the Justice Department but also from the entire government infrastructure.

“What makes a special counsel special is that you’re a lawyer who’s brought in from outside the United States government,” McCarthy stated. Contrary to this foundational idea, he pointed out that Weiss, despite his new title, is still very much a part of the Biden administration, being “a top official in the Biden Justice Department.”

McCarthy went on to emphasize his concern with the Biden Justice Department using this appointment as a mechanism to retain control over an investigation that, in his words, “they are not pursuing.”

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The lengthy timeline of the case, which has spanned five years without an indictment, suggests a deliberate strategy to let the statute of limitations run its course.

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The most critical pieces of the investigation, particularly those from 2014 and 2015 which reportedly could have been linked to most of the $21 million spotlighted in a recent Congressional Investigation Report, are now “time-barred.”

McCarthy placed responsibility for this directly on Weiss, saying he “decided to let those charges die rather than bring an indictment.”

The argument boiled down to the essential nature of what a Special Counsel should represent: an external, unbiased entity capable of conducting a thorough investigation without potential conflicts of interest. McCarthy firmly believes that Weiss, by virtue of his existing position within the government, cannot genuinely act as a Special Counsel.

Adding to the fire, House Majority Leader Kevin McCarthy (R-CA) tweeted on the matter, voicing concerns about the transparency and trustworthiness of the Department of Justice under the Biden administration as well.

“This action by Biden’s DOJ cannot be used to obstruct congressional investigations or whitewash the Biden family corruption,” he tweeted. “If Weiss negotiated the sweetheart deal that couldn’t get approved, how can he be trusted as a Special Counsel? House Republicans will continue to pursue the facts for the American people.”

On June 20, 2023, the DOJ charged Hunter Biden with two counts of failing to pay taxes. Although these charges were initially filed in Delaware, it was largely due to an agreement where Hunter would not challenge the venue and would plead guilty.

However, in a twist during the July 26, 2023 hearing, he pleaded not guilty. This unexpected plea and the stalled plea negotiations are said to be the reason for the DOJ’s push to move the case. The Biden DOJ’s move might be a tactical play, aimed at presenting the charges before a judge more inclined to view Hunter Biden favorably.

According to IRS whistleblowers, charges against Hunter Biden were mysteriously dropped by Weiss even after he approved them. Weiss also appeared to not have total authority in his investigation as he had previously led Congress to believe. There are also allegations that Weiss hid damning evidence from investigators and that his office actively prevented its probe from exploring Joe Biden’s prospective role in his son’s business dealings.

Garland said on Friday, “Upon considering his request, as well as the extraordinary circumstances relating to this matter, I have concluded that it is in the public interest to appoint him as Special Counsel.”