AG Garland on Doomed Quest Over Hunter Biden Special Counsel

[Celerity]

Merrick Garland is known as a stickler for the rules. So why has he decided to break them?

https://www.thedailybeast.com/shan-wu-writes-hunter-biden-special-counsel-david-weiss-shows-ag-merrick-garland-is-clueless

https://archive.li/rfQey



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. Attorney General Merrick Garland announced Friday 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.

Weiss–originally appointed by former President Trump—first opened the investigation in 2019 and was allowed by the Biden administration to continue on in his position as U.S. Attorney. It is unclear why Weiss and Garland found it necessary after five years to make Weiss special counsel. Earlier this month, Weiss came tantalizingly close to wrapping up the case with a plea bargain but suffered a spectacular collapse in court when the federal judge overseeing the case refused to approve the deal. Amidst recriminations from both prosecution and defense the case now appears to be headed for a trial after Weiss moved to dismiss the current case in order to bring charges in Washington D.C. or California.

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.” Moreover, as recently as June, Garland had asserted that Weiss had essentially no limits on his authority.

Weiss himself referenced the special attorney provision when he disputed claims by so-called “whistleblowers” that he had been frustrated in efforts to bring charges in other districts and that Garland had refused to make him a special counsel. In a letter to Sen. Lindsey Graham (R-SC), the ranking Republican on the Senate Judiciary Committee, Weiss wrote that he had never asked to be made a special counsel but had sought to be made a “special attorney” so that he could bring charges in other jurisdictions and that he had been told he would be given that authority “if it proved necessary.”

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[SunSeeker]

2. Because Weiss crumbled under right wing criticism and asked to be appointed Special Council.

What was Garland going to do? Say no?

[jimfields33]

4. It seems both sides are unhappy

[40oz to Freedom]

3. I am fine with it. Republicans just look more pathetic.

I get it's not going to convince Republicans - that's never been the plan. It's all about convincing everyone else.