Garland’s Special-Counsel Appointment in the Biden Probe Is a Farce


Category:  News & Politics

Via:  s  •  2 months ago  •  12 comments

Garland’s Special-Counsel Appointment in the Biden Probe Is a Farce
"the Special Counsel shall be selected from outside the United States Government."

S E E D E D   C O N T E N T

Attorney General Merrick Garland’s  appointment of the Biden Justice Department’s Delaware U.S. attorney, David Weiss, as a special counsel is a joke.

To begin with, Weiss is not eligible to be a special counsel under the   special-counsel regulations . To be clear, the attorney general has all the authority he needs to assign Weiss to the case (and, indeed, Weiss   has   been assigned to it throughout Garland’s tenure). But under the regulations that Garland purports to be applying, what makes a special counsel   special   is that he or she is a lawyer brought in from   outside the government , not just outside the Justice Department. As   Section 600.3 of the regulations   states without ambiguity, “the Special Counsel shall be selected from outside the United States Government.” The point of the exercise is to bring in a scrupulous, experienced former prosecutor   who does not work for the incumbent administration , because there is a connection between the president and the investigation that creates a profound conflict of interest for the Justice Department. There could not be a more serious, blatant conflict of interest than a situation in which the president’s Justice Department is conducting an investigation of the president’s son that implicates the president in potentially impeachable conduct.

Of course, if he were to deign to answer questions (as he declined to do today), Garland would point out that that last of the regulations,   Section 600.10 , makes clear that no one can sue him for refusing to follow the regulations. And that’s right: This is all theater. He is pretending to follow regulations while not following them, hoping you don’t notice but aware that even if you do notice there’s nothing you can do about it. Got that?

Weiss is an official of the government and the Biden Justice Department. In his statement this afternoon, Garland confirmed not only that Weiss had been asked in February 2021 to stay on with the Biden Justice Department, but that — notwithstanding today’s farcical appointment — Weiss will be continuing on as the Biden Justice Department’s top prosecutor in Delaware.

That is to say: Weiss is the vehicle by which the Biden Justice Department intends to maintain tight control over the so-called Biden investigation.

No surprise there. Weiss has all along compliantly acted as the vehicle by which the Biden Justice Department protects the president, and thus the president’s son, from a credible investigation.

It is Weiss who has already allowed the statute of limitations on any offenses arising out of the 2014–15 corruption — such as the Bidens’ dealings with Burisma — to lapse. Weiss well knew, when he was given the investigation in 2018, that the statute of limitations for the relevant tax counts was six years, and for other potential crimes it was five years. Because of the way Weiss has handled the investigation, any criminal offenses that occurred while Joe Biden was vice president are now time-barred.   As I noted   when the House Oversight Committee released its latest   report   on the $20 million-plus the Biden family raked in from agents of corrupt and anti-American governments, much of the conduct — and money — committee investigators have uncovered comes from transactions that took place prior to 2017.

It is Weiss who has never indicted Hunter Biden, even though his tax-evasion and gun crimes are straightforward and have been well known for many years. Weiss’s strategy is to resist obtaining a grand-jury indictment because such an indictment would stop the statute-of-limitations clock from lapsing on those crimes. The most outrageous revelation in the testimony of the whistleblower IRS agents who worked the Biden case was that Hunter’s defense lawyers were willing to waive any statute-of-limitations objections in the interest of getting a global plea agreement that would give him an immunity bath for all conduct from 2014 forward.   It is Weiss who decided to just let the statute of limitations lapse instead .

It was Weiss’s subordinates who instructed agents to avoid asking witnesses questions about “the big guy” and “dad,” in order to ensure the investigation didn’t incriminate the president. It was Weiss’s subordinates who tipped off Hunter Biden’s lawyers that Hunter had transferred relevant documents to a storage locker for which Weiss knew the IRS agents were planning to seek a search warrant, thus frustrating the investigators’ ability to seize key evidence.

It was Weiss who, on behalf of the Biden Justice Department, collaborated with Hunter Biden’s lawyers in the design of an indefensible plea agreement that, in violation of Justice Department standards, sought to trade away the government’s capacity to indict Hunter Biden in exchange for his admission of guilt to two misdemeanor tax offenses — in connection with which Weiss promised to recommend a sentence without jail time, in addition to the eventual dismissal of a gun felony punishable by up to ten years in prison.

It was Weiss’s prosecutors who told Judge Maryellen Noreika that they were running an “ongoing investigation” in which Hunter Biden could still be charged. Hunter’s lawyers objected that he had been promised immunity, which is what blew up the plea bargain. And we know Hunter’s lawyers were telling the truth about the terms: No prosecutor who had a serious political-corruption investigation on his hands would, in the midst of that supposedly “ongoing investigation,” gift one of its main subjects a plea to two misdemeanor tax charges.

It was Weiss who agreed to a factual recitation in Hunter’s plea proceeding that stated that the millions of dollars Hunter took in came from his legitimate work as a high-end lawyer and consultant, and that Hunter failed to pay his taxes because he was drug-addled. This would never conceivably be agreed to by a prosecutor who was running an “ongoing investigation” that indicated that the millions of dollars actually came from bribery and influence-peddling, and that Hunter didn’t pay his taxes as part of an overarching strategy by which the Bidens tried to hide the sources and amounts of the money transfers.

I could go on, but the bottom line is that Weiss is not eligible under the regulations to be a special counsel. He has been abra-cadabra stamped as one so he can continue killing the “ongoing investigation” he is running.

And why “special counsel”? Because unlike normal Justice Department prosecutors,   special counsels get to write a final report . Weiss’s appointment is designed to allow him to write a report that says President Biden had no involvement in the yearslong Biden-family influence-peddling scheme of profiting from his power — a scheme that that could not have gone on for two days if the now-president had honored his public trust, followed government ethics rules, and told his family to knock it off.

Joe Biden never did that because   he is the business . Garland has now branded Weiss a special counsel to persist in his thus far very effective job of burying that fact.


jrDiscussion - desc
Sean Treacy
Professor Expert
1  seeder  Sean Treacy    2 months ago

Just so everyone's clear what Weiss's role is, if the admittedly unprecedented plea bargain the Judge blew up wasn't clear enough.  The guy who purposely let a statute of limitations expire to protect Hunter Biden gets to keep protecting him and avoid oversight by the House.

It's not subtle. Just the raw exercise of power to protect the President's family. 

Professor Principal
1.1  devangelical  replied to  Sean Treacy @1    2 months ago

funny how your article failed to mention this part...

Weiss was serving as acting U.S. Attorney for Delaware when he was nominated to the permanent position by then-president Donald Trump. On February 15, 2018, his nomination to be the United States Attorney was confirmed by the Senate by voice vote. He was sworn in on February 22, 2018.* *wikipedia
Greg Jones
Professor Guide
1.1.1  Greg Jones  replied to  devangelical @1.1    2 months ago

Irrelevant deflection.

Sean Treacy
Professor Expert
1.1.2  seeder  Sean Treacy  replied to  devangelical @1.1    2 months ago

What does that matter?  His performance speaks for itself.

Funny how you didn't mention this:

Weiss was nominated for the Delaware US Attorney Post by Donald Trump at the suggestion  of the state's two Democratic Senators, Chris Coons and Tom Carper-both Biden allies.

The President kept Weiss in place. 


Professor Principal
1.1.3  Texan1211  replied to  devangelical @1.1    2 months ago

and how is that relevant to his actions ?

Vic Eldred
Professor Principal
1.2  Vic Eldred  replied to  Sean Treacy @1    2 months ago

In addition, we can only assume that he has steered the case away from Joe Biden during all this time.

Now we have Merrick Garland, who continues to prove that he is bias and corrupt. Didn't Garland tell us that he had already given Weiss Special Counsel powers?  Of course, that would have required a written citation and there was none. So, we have Garland appointing the man who perpetrated such corruption and in doing so violates the spirit of the Special Counsel rule which means appointing someone not only outside of the Justice Department, but completely outside of government.

Then there is the matter of the written mandate Weiss was given. It should have contained the words follow the evidence wherever it leads. The mandate Garland produced could easily be interpreted to mean: limited to Hunter Biden.

This will be another faux investigation.

Sean Treacy
Professor Expert
2  seeder  Sean Treacy    2 months ago

"There could not be a more serious, blatant conflict of interest than a situation in which the president’s Justice Department is conducting an investigation of the president’s son that implicates the president in potentially impeachable conduct." 

And Garland just ignored the regulation calling for the special prosecutor to be from outside the government. Amazing. 

Professor Principal
2.1  Texan1211  replied to  Sean Treacy @2    2 months ago

the only thing amazing is how blatant they are and how many liberals seem to have become blind.

Professor Quiet
2.1.1  Ronin2  replied to  Texan1211 @2.1    2 months ago
and how many liberals seem to have become blind.

They aren't blind- they simply don't give a shit.

Most liberals think Brandon is innocent; and that Hunter is being persecuted by mean nasty Republicans for simply being a Biden.

Many are pissed at the Trump appointed judge for blowing Hunter's sweetheart deal out of the water. For simply not going along with it when the Brandon DOJ worked the whole thing out to benefit Hunter only.

Weiss slow walked the Hunter investigation since 2019. He ignored the laptop. He ignored statute of limitations expiring on the most serious of charges. Most importantly he meekly covered for Garland and Brandon by not going to the Republican House and immediately blowing the whistle when the DOJ stopped him from prosecuting the case outside of Delaware.

Expect Weiss to drag out his new duties to 2027 at least.

He and Hur should be on milk cartons everywhere for Special Councils missing in action.

Smith can layer multiple charges on Trump after mere 6 month investigations (that is right there are two of them). You can't even tell Hur is investigating.

WASHINGTON — The federal investigation into President Joe Biden's handling of classified documents shows few signs of an imminent conclusion even as the probes into former Vice President Mike Pence and former President Donald Trump have reached or appear to be reaching the end , according to three people familiar with the matter.

Biden's advisers, for instance, have determined he would provide an interview to the special counsel investigating his handling of classified documents once Biden’s legal team and the Justice Department agree on the conditions, these people said.

But Biden has yet to be interviewed, they said, suggesting that the investigation is not yet nearing a close. Interviewing the person at the center an investigation, if such a step takes place, is typically among the final actions before a probe is complete.

So glad Brandon's DOJ is giving him favorable terms for questioning by letting his legal team set the conditions.

Attorneys for President Joe Biden and the special counsel appointed to investigate his handling of classified documents have been negotiating for about a month over the terms under which he would be interviewed, two people familiar with the matter said.

Discussions between Biden’s lawyers and special counsel Robert Hur ’s office are focused on how, when and where the interview might take place, as well as the scope of the questions, these people said. They stressed that the negotiations are ongoing and that no agreement has been reached.

The back-and-forth suggests that the probe — now in its eighth month — may not be wrapping up imminently. But an interview with the person at the center of an investigation typically takes place near the end of the process.

A spokesperson for Biden’s personal attorney, Bob Bauer, declined to comment Thursday, as did a spokesperson for Hur.

The White House declined to comment and referred questions to the Justice Department, citing the ongoing nature of the investigation.

For months now, Biden’s lawyers have been gaming out various scenarios for an interview, with the expectation that he would provide one once his legal team and the special counsel agreed on the specifics.

Fuck them. Hur should force Brandon's lawyers to testify against him; as Smith did to Trump's. Instead Garland is pussyfooting around with Brandon's defense team. Allowing Brandon to set the scope of questions asked? He should have to answer all questions given. If he can't- then throw the damn book at him. Negligence is no excuse. Anyone not named Hillary or Bill Clinton would have charges filed against them already. Seems Garland is out to make sure Brandon gets the same DOJ/government protection.

Greg Jones
Professor Guide
3  Greg Jones    2 months ago

Let us give eternal thanks that this bozo Garland never made it to the Supreme Court. I expect this clownish shit show will proceed forthwith into the higher Courts. But in the meantime, serious thoughts should be given to impeaching this immoral asshole.

Sean Treacy
Professor Expert
3.1  seeder  Sean Treacy  replied to  Greg Jones @3    2 months ago

No kidding. He constantly justifies the Republicans rejection of him.

Sparty On
Professor Principal
4  Sparty On    2 months ago

Garland is not even trying to hide his biases anymore.



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