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There was an uncomfortable moment in the Hunter Biden gun trial in Delaware last week, where the prosecution is being led by “special counsel” David Weiss. The potential discomfort arose when Judge Maryellen Noreika who is overseeing the trial pointed out that the appointment of David Weiss as special counsel did not comply with the Department of Justice’s own regulations regarding the appointment of special counsels. However, she also determined that this particular detail did not provide a sufficient basis to dismiss the case so they would proceed all the same. At National Review, Andrew McCarthy has been digging into the details and has concluded that Weiss’ appointment by Merrick Garland was a sham from the beginning. He further explains why these distinctions should matter, but also why they probably won’t.

I’ve pointed out time and again (including yesterday) that Biden Justice Department AG Merrick Garland’s “special counsel” appointment of Biden Justice Department Delaware U.S. Attorney David Weiss in the Hunter Biden case is a fraud on the public.

In a pretrial ruling denying the younger Biden’s motion to dismiss the case, Judge Maryellen Noreika has confirmed that Garland’s appointment of Weiss did not comply with federal regulations for appointing special counsels. That, however, was not a basis to dismiss the case — particularly with Garland and Weiss quietly citing the last special-counsel regulation, §600.10 (of Title 28, Code of Federal Regulations), which provides that no one may hold the Justice Department accountable for flouting its own regulations.

To be clear, I have never contended that Garland lacked the authority to assign Weiss, or whoever he wanted to assign, to investigate the Biden case. As Judge Noreika correctly explained, federal statutory law — in particular, §§509, 510, 515, and 533 — vest attorneys general with sweeping power to run the Justice Department as they see fit, including power to designate any DOJ lawyers they choose to run investigations anywhere in the country.

There is more than enough evidence available already to prove to even the most partisan Biden supporter that David Weiss was unqualified to be appointed as a special counsel and that he has been providing cover for the Biden family rather than seeking justice under the law from the beginning. Let’s start with the reason the judge cited regarding Weiss’ qualifications. It’s found in DoJ regulations §§600.1 through 600.3. The rules demand that a special counsel be appointed whenever the Justice Department is seriously “conflicted,” such as when they are faced with the prospect of prosecuting the President or members of his family. But the rules also state that the special counsel must be “selected from outside the United States government.” Obviously, Weiss comes from within the DoJ. 

Unfortunately, regulation §600.10 gives the DoJ permission to ignore its own governing rules when it is deemed appropriate and necessary to do so. I don’t know how this situation made this sham appropriate or necessary, but it certainly was convenient to Merrick Garland. David Weiss had crafted himself a golden ticket when it came to anything involving Biden Inc. Keep in mind that Weiss joined the DoJ before Biden was even elected. He had been placed in charge of the Hunter Biden tax evasion and gun charge investigations for more than a year, blocking any and all efforts to make progress on those cases. He was the reason that the statute of limitations was allowed to expire on so many of Hunter’s charges.

Then, once Biden’s people were installed and the House GOP began poking their noses into all of the allegations against Hunter and other Biden family members (including The Big Guy), it became obvious that something would need to be done. But the “something” in question was only done for show. Garland wound up selecting Weiss as special counsel and ensured that he was handed both the gun charge trial in Delaware and the tax evasion case in California. (Normally state prosecutors familiar with the area would be assigned such cases.) Weiss was the one who originally crafted the grotesque sweetheart plea deal that would have effectively granted Hunter immunity for life without ever seeing the inside of a jail cell until Judge Noreika shot it down. So now they are moving forward at trial, but the guy primarily responsible for prosecuting Hunter and bringing a conviction home is the same person who has spent years diligently striving to do everything possible to keep him away from a jury. How do you suppose that’s going to work out?

Andrew McCarthy is spot on with this analysis. “Sham” is absolutely the correct word to describe the entire debacle of how David Weiss wound up being appointed a special counsel when he was the last person who should ever have been considered if anyone at BIden’s DoJ had any serious interest in pursuing justice. Reading this detailed explanation of all the details that unfolded under the covers only serves to make this all the more infuriating.

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