Special Counsel David Weiss Appointment Violates U.S. Code

Weiss already worked for the U.S. government prior to the appointment.

QUICK FACTS:
  • The Friday appointment of David Weiss as Special Counsel over the Hunter Biden investigation apparently violates U.S. policy.
  • The violation was pointed out by Newsmax host Greg Kelly in a Twitter post.
  • “In February 2018, after being nominated by the former president and confirmed by the Senate, Mr. Weiss was sworn in as the United States Attorney for the District of Delaware,” Attorney General Merrick Garland said in a statement.
  • On Tuesday, August 8, Weiss requested to be appointed as special counsel.
  • Garland stated, “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.”
  • “As Special Counsel, he will continue to have the authority and responsibility that he has previously exercised to oversee the investigation and decide where, when, and whether to file charges,” Garland added. “The Special Counsel will not be subject to the day-to-day supervision of any official of the Department, but he must comply with the regulations, procedures, and policies of the Department.”
  • Representative James Comer (R-KY) of the House Oversight Committee said the move is “part of the Justice Department’s efforts to attempt a Biden family coverup in light of @GOPoversight’s mounting evidence of President Biden’s role in his family’s schemes selling ‘the brand’ for millions of dollars to foreign nationals.”
  • “Making him special counsel will now make it more difficult for Congress to get answers from him,” George Washington University law professor Jonathan Turley told Fox News. “This insulates Weiss and DOJ more than it necessarily moves the investigation forward.”
  • Weiss’ office previously reached an agreement with Hunter Biden to plead guilty to misdemeanor tax charges and enter a diversion deal, although a federal judge did not accept the plea deal.
FROM U.S. POLICY:
  • According to U.S. code, a special counsel must come from outside of the United States government.
  • “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,” the code reads.
  • According to CBS News, Weiss is a “career federal prosecutor,” appointed by former President Donald Trump to become the U.S. attorney in Delaware.
  • In his statement, AG Garland noted that “Mr. Weiss will also continue to serve as U.S. Attorney for the District of Delaware.”
BACKGROUND:
  • A Reuters/Ipsos poll found that 75% of Republicans and 33% of Democrats believe Hunter Biden “received preferential treatment from Weiss.”
  • The belief will likely not affect how Americans vote, according to the poll.
  • Since being appointed as special counsel, Weiss will now possess the authority to delve deeper into all aspects of the inquiry and has the liberty to file charges in any jurisdiction.

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