Media ignore legal tricks in Garland's Hunter Biden special counsel appointment

Attorney General Garland tapped Delaware U.S. Attorney Weiss as special counsel after he led a politically skewed five year investigation

IRS whistleblower attorney warns David Weiss is the 'wrong person' to be special counsel

Mark Lytle, attorney for IRS whistleblower Gary Shapley, joins 'America's Newsroom' to discuss the appointment of Special Counsel David Weiss in the Hunter Biden case. 

The sudden appointment of David Weiss as special counsel is a farce.  It is another shameless maneuver by Attorney General Merrick Garland to cover up Biden family corruption.    

The attorney general is not allowed to appoint the Delaware U.S. Attorney as special counsel. Under federal regulations, the A.G. can only appoint someone "outside the U.S. government" (28 CFR 600.3).  The entire purpose of this provision is to avoid a conflict of interest.  Instead, Garland has accentuated the conflict by reinventing a sham investigation that guarantees Joe Biden will be protected from criminal wrongdoing.  

As one of the 93 U.S. Attorneys, Weiss works for President Biden. He has a vested interest in protecting his boss.  But as special counsel, he now has unfettered authority to direct the probe away from the president and protect him from culpability despite compelling evidence that the father aided and abetted his son’s global influence peddling schemes that netted the Biden family tens of millions of dollars from America’s adversaries.

AG GARLAND APPOINTS HUNTER BIDEN INVESTIGATOR DAVID WEISS SPECIAL COUNSEL

The new special counsel status solidifies the preferential treatment the Bidens have already received under Weiss’s skewed stewardship of a five-year investigation that deliberately ignored severe felonies which would have landed any other citizen in prison.  It was all an obvious charade meant to shield Hunter’s graft and his father’s complicity.        

Weiss is the last person in the world who should be special counsel. He’s the guy who scuttled any serious prosecution but has now been rewarded with unilateral power to do more of the same.

Credible IRS whistleblowers testified in detail about the constant political interference they witnessed in an investigation that was slow-walked, suppressed, and diverted.  Weiss purposefully allowed the statute of limitations to expire on many of the most egregious crimes, tipped off Hunter’s lawyers about impromptu interviews, divulged privileged information to those same attorneys, halted the execution of planned search warrants despite "probable cause," forbid any questions about Joe Biden’s involvement, refused to follow the overseas paper trail of cash, overlooked evidence of money laundering and racketeering, and tore up the written agreement by both investigators and prosecutors to bring six felony charges against Hunter.  

Importantly, Weiss was the architect of the disgraceful and discredited misdemeanor plea deal that was gifted to Hunter.  It was concocted so that he could skate on nearly all of the felonies that were likely committed.  

Weiss is the last person in the world who should be special counsel. He’s the guy who scuttled any serious prosecution but has now been rewarded with unilateral power to do more of the same.  He can drag the case out in perpetuity, suppress incriminating information, and let even more statutes lapse.  Weiss can pretend to investigate but do nothing, just as he did before.  Make no mistake, the fix is in.  

‘MONEY GUY’: THIS HUNTER BIDEN BUSINESS PARTNER COULD BLOW THE LID OFF BIDEN FAMILY'S BUSINESS DEALINGS

The special counsel appointment has the added value of protecting Garland and Weiss, both of whom appear to have deceived Congress about their furtive machinations.  Garland testified that the U.S. Attorney had complete and "ultimate authority" to bring prosecutions anywhere and had never previously asked for special counsel status.  But the whistleblowers cited an October 7, 2022, meeting where Weiss confessed that it was untrue.  He recounted how he was denied special counsel status and prevented from bringing charges outside the district of Delaware.  

In an initial letter to Congress, Weiss backed up Garland.  But in a subsequent letter, he seemed to recant by admitting that his "charging authority is geographically limited to my home district."  Of course, this corroborates the other claim made by the whistleblowers that Biden-appointed U.S. Attorneys in Washington, D.C. and California blocked criminal charges against Hunter in those venues. Either Garland is lying or Weiss. Maybe both.  

But now, by naming Weiss special counsel, neither one can be forced to account for their apparent obstruction and suspected lies. They’ll simply refuse to testify by claiming that an "ongoing investigation" prohibits them from discussing the case under Justice Department rules.  How convenient.  And corrupt.  The dynamic duo of Garland and Weiss is further destroying the public’s trust in our justice system.     

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The president’s ne’er-do-well son must be doing cartwheels over these latest developments guaranteed to protect him.  He not only got rich by selling access to his father and promises of influence, but he’ll probably get away with it.  Yes, it’s conceivable that Weiss may experience an epiphany and file felony charges that are merited.  But I’d rather bet on a lame horse.         

The mainstream media, meanwhile, continues to behave as devoted Biden apologists.  I’m constantly amazed and amused by their relentless efforts to snooker the public.  On camera and in print they pretend to be lawyers but know nothing about the law.  That doesn’t stop them from brazenly misrepresenting what constitutes crimes.  They’re determined to spread an assortment of falsehoods to protect the Bidens.

For example, CNN’s Jake Tapper confidently told viewers that influence peddling may be "sleazy" but not criminal.  Seriously?  If Jake bothered to read and comprehend the statutory law, he would discover that influence peddling is called bribery under the criminal codes —that is, using a public office for financial gain by selling promises of influence.  When it involves a foreign national, it is also a crime under the Foreign Corrupt Practices Act.    

Another frequent canard by the media is that Joe Biden cannot be guilty of anything unless he personally received some of the overseas payola that flowed like a river into a complex web of shell companies controlled by his son. Wrong again. Read the bribery statute.  It is a crime if the money goes to "any other person or entity" instead of the public official himself (18 USC 201).  Up to nine members of the Biden family cashed in, according to the House Oversight Committee, which uncovered wire transfers.    

A third lie is that there is no crime unless Joe Biden actually conferred a government policy benefit to Hunter’s foreign partners.  Evidence in the Burisma quid pro quo scheme notwithstanding, that is not what the law says.  Biden didn’t have to deliver on anything.  Performance is not a condition.  Offers, promises, and inducements themselves in exchange for money constitute bribery under federal law.  Soliciting or agreeing to accept something of value is all that a prosecutor needs to show.   

I often wonder whether members of the liberal media are chronically stupid, lazy, or hopelessly biased.  It’s probably all of those things. Which is why the vast majority of Americans don’t trust anything they say.    

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Gregg Jarrett is a Fox News legal analyst and commentator, and formerly worked as a defense attorney and adjunct law professor. His upcoming book, "The Trial of the Century," about the famous "Scopes Monkey Trial" will be released on May 30, 2023.  It is available now for pre-order online at the Simon & Schuster website.  Gregg is the author of the No. 1 New York Times best-selling book "The Russia Hoax: The Illicit Scheme to Clear Hillary Clinton and Frame Donald Trump." His follow-up book was also a New York Times bestseller, "Witch Hunt: The Story of the Greatest Mass Delusion in American Political History." Jarrett’s book, "The Constitution of the United States and Other Patriotic Documents," will be published by Broadside Books, a division of HarperCollins on September 19, 2023.

Authored by Gregg Jarrett via FoxNews August 14th 2023