At long last, Biden’s Attorney General Merrick Garland has appointed a Special Counsel into Hunter Biden’s foreign business dealings. The problem is his choice: U. S. Attorney for Delaware David Weiss, who has already been investigating Hunter Biden for the past five years to no avail. Congressional Republicans have accomplished more in a year than Weiss and the Department of Justice have in five.
This designation of Weiss seems politically expedient to take the heat off Garland and provide political cover.
More importantly, however, it is contrary to the terms and spirit of the Special Counsel law and further undermines the public’s trust in the Department of Justice.
The point of the Special Counsel is to address a conflict of interest in DOJ’s investigation and prosecution of a crime. Here the conflict of interest relates to Hunter Biden, the son of the President, with allegations that directly implicate President Biden. This presents a direct conflict for the Justice Department, which is led by the Attorney General, a Biden appointee.
Accordingly, the applicable law specifies that the Special Counsel “shall be selected from outside the Government.” Weiss is the U.S. Attorney. He is not “outside” the Government. Regardless of his personal integrity or the fact that he was appointed by then President Trump, he now works for Biden and is part of the same DOJ that is the precise focus of the conflict of interest at issue.
Evidence from witnesses before Congressional committees indicates Hunter was engaged in a scheme of influence peddling – selling the Joe Biden brand – earning millions and evading taxes.
Evidence indicates that Joe Biden knew of and participated in business meetings in person and on the phone with Hunter and his business associates for this purpose, and lied about his knowledge and involvement to cover up the wrong doing during the 2020 presidential election and thereafter.
An investigation into Hunter and any related involvement by his father, the President, relating to these serious allegations, requires the independence that can only be achieved by a qualified attorney from outside DOJ.
Garland also announced that Weiss will continue his duties as U.S. Attorney. This means he is not truly independent. He is still functioning in his role with DOJ. No man can serve two masters. Indeed, this only further intensifies the conflict of interest.
It also means he may not be able to devote his full time to this critically important matter that implicates the President of the United States in an investigation of allegations relating to corrupt foreign influence peddling involving millions of dollars in payments from Chinese and Ukrainian businesses. The current investigation by Weiss has been ongoing for five years. Given the severity of the potential wrongdoing both legally and politically, the appointed legal team must be devoted full time to the investigation and operate on an expedited timeline.
Finally, the Special Counsel from outside the Government is warranted to address extraordinary circumstances and to best serve the public interest. It is difficult to conceive more extraordinary circumstances than the allegations involving Hunter and Joe Biden.
Moreover, and most importantly, a Special Counsel from outside the Government is especially critical to restore public trust in the integrity of the investigation of the Bidens given the appearance of a two-tiered system of justice that seemingly favors the Bidens.
Five years of Weiss’s investigation produced a plea deal that imploded in federal court, the lapsing of the statute of limitations relating to two years of tax evasion charges against Hunter –such a lapse in private legal practice would be gross legal malpractice – and testimony from IRS whistleblowers before Congress that their investigation into Hunter’s alleged tax crimes was directly thwarted by DOJ attorneys.
It is certainly beyond time for a Special Counsel, but Garland should have appointed a qualified attorney from outside DOJ – an appointment that would have better assured independence and public confidence in the outcome. Weiss’ appointment is an obvious attempt to check the Special Counsel box, without providing the level of independence that will ensure a fair, robust investigation in accordance with the law and the facts.
Michael Clancy is a lawyer, member of the Federalist Society, and a frequent contributor to The Daily Caller on Constitutional law and political issues. Follow him on Twitter @MikeClancyVA.
The views and opinions expressed in this commentary are those of the author and do not reflect the official position of the Daily Caller.