But Is Hunter Out Of The Woods?
The Special Counsel Needs A Special Counsel
Let’s make it crystal sparkling clear: Garland’s latest move is statutorily illegal.
It’s not very complicated. Here’s the statute. You don’t have to be a lawyer to read the plain language of it:
§ 600.1 Grounds for appointing a Special Counsel
The Attorney General, or in cases in which the Attorney General is recused, the Acting Attorney General, will appoint a Special Counsel when he or she determines that criminal investigation of a person or matter is warranted and—
(a) That investigation or prosecution of that person or matter by a United States Attorney’s Office or litigating Division of the Department of Justice would present a conflict of interest for the Department or other extraordinary circumstances; and
(b) That under the circumstances, it would be in the public interest to appoint an outside Special Counsel to assume responsibility for the matter.
That’s it. That’s the whole legal universe of this.
Yes, there are other statutes that apply to the actions of the Special Counsel once he’s appointed. But the above is the statute that is clearly intended to govern when a Special Counsel can be appointed.
Now, note that the construction of (a) and (b) here is an “and” — not an “or.” So: We have to apply them both, in tandem, sequentially.
The key: Under (a), it is clear that the construction indicates the Spec. Counsel should be someone other than a U.S. Attorney, and…
Under (b), it is clear that the Spec. Counsel should be someone “outside” DOJ.
David Weiss satisfies neither of these.
They could play with the language of (a) — there’s a bit more there — but there’s no avoiding the word “outside” in (b).
And recall: this is an “and.” Meaning: We need both.
Which means: the nation’s top lawyer, Merrick Garland, doesn’t really care about the law. He’ll break it to get his boss re-elected.
As an attorney and former law enforcement, that is both tremendously disheartening — and scary.
(And btw: All of this applies to Jack Smith as well — who had been seconded by DOJ to the Hague to investigate Kosovo war crimes when he was appointed Special Counsel to investigate Donald Trump.
And while we all deplore war crimes: Why on earth is DOJ even involved in a European war crimes investigation, if no American is directly implicated? DOJ has really come to believe they rule the world, haven’t they?
Is there nothing we won’t just stay the hell out of?).
But Is Hunter Out Of The Woods?
There is the possibility (perhaps even a likelihood) that all of the above applies only to Joe Biden. And that it was all done to circle the wagons around the President — leaving a (dangerous) Hunter on the outside.
Maybe the coverup is no longer tenable. The Biden Brat is having a temper tantrum and his former babysitters are running for cover.
Hunter was quite adamant in his plea hearing that he would not accept the plea deal if it didn’t have the (hidden) immunity-from-prosecution clause. If Hunter is going to take this case to trial, the facts will emerge. And so will the slow-walking and lack of basic investigative curiosity from DOJ. Weiss will be very exposed.
By naming him Special Counsel, Garland has essentially put the ball in David Weiss’s court and removed any excuses as to why a larger case cannot be made.
So will Weiss finally play hardball?
Consider: Does David Weiss really think the White House can cover his ass through a public trial? Members of Congress are discussing impeachment proceedings against his immediate supervisor, Merrick Garland. The Speaker of the House has noted that impeaching the President is on the table.
Where does Davis Weiss sit in this drama? Near the bottom of the list of who is important to the powers that be. In other words: expendable.
Essentially: His overhead can subtly (or not-so-subtly) blame him.
Remember that Weiss has already allowed the statute of limitations to expire on several charges. He has not substantively addressed the possible money laundering and FARA charges that seem obvious to anyone familiar with the facts.
Allegations from whistleblowers also appear to discredit Weiss’s investigation. They were allegedly told not to investigate President Biden. As per whistleblower testimony, Hunter Biden’s attorneys were tipped off about potential search warrants and subpoenas.
And we all know about Weiss’s (shameful and unprecedented) attempt at the sweetheart plea deal.
And recall: Because of all this, Weiss himself is potentially a target in the Congressional investigation.
So Weiss is already vulnerable. And even more so, were a Hunter trial to end in acquittal.
All eyes are on Weiss now. He has the power of Special Prosecutor, and can pursue additional crimes outside of Delaware (so that excuse is gone). One would assume that money laundering and other crimes (narcotics? Patronizing prostitutes?) occurred elsewhere, based on the public laptop data.
And so: Hunter may be in real trouble.
Because the best way for Weiss to cover his own butt is to nail Hunter Biden.
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