Weiss is the federal prosecutor who has investigated the business dealings of Hunter Biden and brought charges against him in Delaware. [More]
So the mastermind of the sweetheart deal the judge called BS on…?
[Via Bluesgal]
Just the Man for the Job
Federal law (as if the law matters in instances such as this…) regarding appointments of Special Councils:
§ 600.3 Qualifications of the Special Counsel.
(a) An individual named as Special Counsel shall be a lawyer with a reputation for integrity and impartial decisionmaking, and with appropriate experience to ensure both that the investigation will be conducted ably, expeditiously and thoroughly, and that investigative and prosecutorial decisions will be supported by an informed understanding of the criminal law and Department of Justice policies. 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.
(b) The Attorney General shall consult with the Assistant Attorney General for Administration to ensure an appropriate method of appointment, and to ensure that a Special Counsel undergoes an appropriate background investigation and a detailed review of ethics and conflicts of interest issues. A Special Counsel shall be appointed as a “confidential employee” as defined in 5 U.S.C. 7511(b)(2)(C).
From Karl Denninger-the Market Ticker:
There is a point that the in-your-face fraud reaches where one must that there is no longer a functional law enforcement capacity within a part of the government.
In this case that’s the entire Federal government, as this is the DOJ itself and the AG of the nation, Garland:
Attorney General Merrick Garland on Friday appointed U.S. Attorney David Weiss a special counsel in the Hunter Biden probe, as well as any other matters that arose or may arise from that investigation.
Weiss is the US Attorney who presented a negotiated plea agreement to the judge over Hunter’s conduct that the judge rejected as it appeared to have included terms intended to mislead both the court and the justice system generally.
She sent that back, correctly flagging two provisions including an apparent undisclosed immunity deal that was out-of-scope of the charges that were negotiated. This is flat-out improper and what’s worse is that it appeared both Weiss and Biden’s defense counsel colluded to place said terms in an addendum that was not disclosed in advance of the hearing to the judge which was clearly intended to keep her from knowing about it until, they hoped, she’s signed off on it.
Further there are allegations that Biden’s counsel attempted to tamper with the evidentiary chain by trying to represent themselves as being related to counsel for parties that filed other briefs and have them either sealed or stricken from the record entirely. There was quite a tap-dance around that (as its a crazy-level breach of ethics, a violation of the duties of an officer of the court, as all counsel are, and also arguably criminal fraudulent misrepresentation) but as far as I know there hasn’t (yet anyway) been any serious consequences — although the judge was clearly inclined to hammer the responsible parties for very good cause.
That alone is enough to drag Garland out of office by his hair. But there’s more: The appointment appears to be facially-illegal and Garland knows damn well that it is.
(a) An individual named as Special Counsel shall be a lawyer with a reputation for integrity and impartial decision making, and with appropriate experience to ensure both that the investigation will be conducted ably, expeditiously and thoroughly, and that investigative and prosecutorial decisions will be supported by an informed understanding of the criminal law and Department of Justice policies. The Special Counsel shall be selected from outside the United States Government.
Weiss cannot be appointed to this position as he is a sitting US Attorney! It is explicitly unlawful under the CFRs for Garland to appoint him — or any other sitting US Attorney. By definition a “Special Counsel” must not be a person inside the US Government; that’s the entire point of a Special Counsel!
This act by Garland is not only impeachable it is void as Weiss is not qualified and thus the appointment is an open, public, in-your-face fraud.
Where does this leave us as Americans?
Nowhere good — and at some point we, as Americans, are going to have to deal with this problem whether we like it or not.
PS: BTW Durham’s appointment was invalid for the same reason — remember that? Where was the screaming then?
https://market-ticker.org/akcs-www?post=249491&ord=4016383#4016383
So, presto change-o, “Special Council” becomes a synonym for “Consigliere.”