“Shoeless Joe” and the Fixing of the Biden Scandal

Below is my column in The Hill on the appointment of David Weiss as special counsel. Despite my enthusiastic support at this nomination, I have come to view Attorney General Merrick Garland as a failure as Attorney General. This decision captures why I have lost faith in his leadership — and why his department is at one of the lowest levels of public trust.

Here is the column:

Roughly 100 years ago, “Shoeless” Joe Jackson admitted that, as a player for the Chicago White Sox, he and seven other teammates had intentionally lost the World Series to the Cincinnati Reds in 1919. When a kid stopped him outside of the grand jury room and asked “It ain’t true, is it, Joe?” Jackson responded “Yes, kid, I’m afraid it is.”

This is not a case of history repeating itself. After being confronted by allegations of a fixed investigation, Attorney General Merrick Garland just sent Shoeless Joe back into the game.

The appointment of Delaware U.S. Attorney David Weiss as the new special counsel to investigate Hunter Biden left many with the same disbelief as that kid in Chicago. This is, after all, the same Weiss who headed an investigation that was trashed by whistleblowers, who alleged that his investigation had been fixed from the outset.

It is the same Weiss who ran an investigation in which agents were allegedly prevented from asking about Joe Biden, obstructed in their efforts to pursue questions and compromised by tip offs to the Biden team on planned searches.

It is also the same Weiss who reportedly allowed the statute of limitations to run out on Hunter’s major tax offenses, even though he had the option to extend it.

It is the same Weiss who did not indict on major tax felonies and cut a plea deal that brushed aside a felony gun charge.

It is the same Weiss who inked a widely panned “sweetheart” deal that caused a federal judge to balk and trash a sweeping immunity grant — language that even the prosecutor admitted he had never previously seen in a plea deal.

That is why many asked Garland to “say it ain’t so.”

The Weiss appointment definitively established Garland as a failure as attorney general. As someone who initially praised Garland’s appointment, I now see that he has repeatedly shown he lacks the strength and leadership to rise to these moments.

This is why the Justice Department is now less trusted by the public than it was under his predecessor, Bill Barr. During Barr’s tenure, Pew found that 54 percent of the public viewed the department favorably, and 70 percent had a favorable view of the FBI. Under Garland, the department’s favorability had declined to 49 percent as of March, before many of the recent failures. The FBI’s favorability has fallen by 18 points to just 52 percent.

Garland’s failure of leadership has undermined key cases. A Harvard-Harris poll this summer showed that 55 percent of the public view the Trump indictment as “politically motivated,” and 56 percent believe that it constitutes election interference.

Garland continues to do little to reverse that public perception, other than repeatedly refer to the motto of the Department. He offered the same mantra for years as some of us called for a special counsel appointment to investigate Biden corruption. The case for such an appointment has long been unassailable, but Garland refused to make the appointment, allowing years to pass with underlying crimes.

The immediate effect of this belated appointment will be to insulate Weiss and the Department from Congress as it prepares to interview Weiss and members of his team.

Yet if that was truly his purpose in doing this, Garland might have been too clever by half. First, since Garland did not appoint someone from outside of the Department (as envisioned under Section 600.3).

Of course, Garland could insist that, although this appointment from inside the Justice Department violates the statute, Special Counsel John Durham was also selected from the department’s ranks. Yet that does not excuse the appointment of a prosecutor who has been accused of conflicts of interest and false statements — the very antithesis of a special counsel who is supposed to have “a reputation for integrity and impartial decision-making.”

Second, there is the failure to expand Weiss’s mandate. Garland described that mandate as focusing again on Hunter Biden, and the Justice Department refused to respond to questions on the possible inclusion of his father in the investigation.

This was another opportunity to recognize the widespread distrust over the department and expressly allow the special counsel to include the corruption allegations involving both Hunter and the president. That would have supported calls for the House to delay further investigations.

As it stands, Garland has virtually ensured that Congress will pursue an impeachment inquiry as the only body seriously investigating the scandal.

The use of impeachment authority is the only effective way to overcome the roadblocks that the Justice Department is likely to throw up after this new appointment. Impeachment can work as constitutional Kryptonite. No court could seriously question the right and duty of Congress to get to the bottom of corruption allegations against the president without delay. Although Weiss can refuse to answer questions, Congress can use its impeachment authority to demand answers from fact witnesses, including Biden family members.

None of this means that Hunter Biden will be protected by Weiss from additional charges. He will likely pursue long dormant charges, such as Hunter’s being an unregistered foreign agent. He could also pursue felonies on the crimes detailed in the now-defunct plea bargain. In other words, he could show all of the aggression that was lacking in his prior work.

The public, however, doesn’t seem to be buying the special counsel spin. The result is reinforcing rather than resolving the lack of trust in the Justice Department.

It could not be worse for the Justice Department as an institution. “Shoeless Joe” Weiss is back in the game, long after the public has left in disgust.

Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University

203 thoughts on ““Shoeless Joe” and the Fixing of the Biden Scandal”

  1. It’s just what dems do…they have the morals of an alley cat and the greed of a rat. Would you really, at this point in history, expect anything proper to emanate from any democrat? Let’s stop talking about how corrupt, immoral and down right deceptive they are since it is just “settled science” at this point.

  2. Senate Republicans wrote a formal letter specifically asking for David Weiss to be named special council. There is nothing that will make Republicans happy.

    1. “Senate Republicans *wrote* . . .” (Emphasis added)

      “Wrote,” as in past tense — as in *before* the evidence of Weiss’ corruption and cover-up emerged.

      When you drop context, you can infinitely misrepresent another’s position.

  3. “The Special Counsel SHALL be selected from outside the United States Government.” (From section 600.3)

    “ Of course, Garland could insist that, although this appointment from inside the Justice Department violates the statute, Special Counsel John Durham was also selected from the department’s ranks.” (From Prof. Turley’s column)

    Dear Prof. Turley (or anyone who knows the answer),

    While I am not an attorney I have served as an appointee to local municipal boards and once as an elected official on my local city council. Each time, at or near the beginning of the year, an attorney from the city, county or municipal league advised the members as to the various laws that governed us and how violating any of those laws could affect our work (mostly, how we could inadvertently get the city or county sued).

    One of the things I remember from meeting with those attorneys is that while the word “may” indicated some discretion as to the application of a statute, the word “shall” meant there was no discretion at all—it was mandatory language—no wiggle room.

    As it has been over 20 years since I last served, I realize things may have changed, but I can’t imagine something this basic would have changed. If the information I received re: the word “shall” is still accurate, how can the Dept. of Justice (of all departments!) simply ignore what seems to be plainly written law? Also, the statute doesn’t say ‘outside the Justice Dept.’, it says “outside of the United States Government”, which I take to mean outside of the ENTIRE US government—yes? No?

    The fact that both sides cheat (appointment of Durham from inside the Justice Dept.) does not sanitize nor diminish the nature of the cheating. What’s the point of law if those in authority can simply ignore anything they find inconvenient as long as the “other side” does too?

      1. So what? It still stinks of corruption. Garland and Weiss belong in prison cells in the same cell block as Hunter and Joe.

          1. Bob, What do you think corruption in public office is if not a crime? Sheeesh. People are regularly sent to prison for it.

        1. Really?? An AG that had more ‘jurist’ in his DNA but for Mitchster, now caving to political pressure??? Wow!! Talk about irrationality on steroids! So, you’re lumping Weiss in with ‘stripe suit’ candidates??? Talk about ‘eating your own’…N if U haven’t figured that out yet – it’s the ‘Trumpian way’!

      2. The authorities you cited — specifically 28 U.S. Code § 515 — refer to the function and authority of a “special attorney,” NOT a “Special Counsel.”

        But it was a good catch nonetheless, because what you’ve unwittingly demonstrated is that AG Garland is playing fast and loose with language, titles, legal authorities, and the LAW.

        A 28 U.S. Code § 515 “special attorney” is NOT a 28 CFR § 600 “Special Counsel,” and Garland is perpetrating a FRAUD by calling Weiss an outside “Special Counsel” if IN FACT he is merely a 28 U.S. Code § 515 “special attorney” acting within the DOJ.

        28 CFR § 600.1 “Grounds for appointing a Special Counsel” CLEARLY states the following:

        “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.”

        Key phrase: “an OUTSIDE Special Counsel” (emphasis added), NOT a “special attorney” from INSIDE the DOJ.

        That’s the sort of thing that Turley SHOULD have caught and brought to readers’ attention, because it’s the sort of thing that a legal expert SHOULD have caught and pointed out, just as the NITWITS in Congress SHOULD have pointed it out while shooting their ignorant, lying mouths off in the media all weekend.

      3. Thank you for the link. I did look it up and the statutes you cited. I also looked up the difference between the United States Code (U.S.C.) and the C.F.R. (Code of Federal Regulations). The only thing I saw that might apply–if the AG has the authority to act as Special Counsel–is USC 510, “Delegation of Authority”, authorizing the AG to delegate to “any other officer, employee, or agency of the Department of Justice Department any function of the Attorney General”. However, given what I found out about the CFR, I still doubt the legality of the Weiss appointment.

        As I understand it, the CFR codifies the rules promulgated for the practical application of the “general and permanent laws of the US” passed by Congress (as contained in the USC), and that “every [CFR] regulation must be linked to a piece of enabling legislation” (found in the USC), and that, “A regulation must be consistent with the United State Code [USC] and has the same force of law.” (Wrightslaw.com) I also read that “the CFR contains the final and effective rules of Federal agencies,” and is the “official interpretation” of the rules.

        So, it seems to me that CFR 600.3 is still the governing rule pertaining to the “Qualifications of the Special Counsel.” But, like I said, I’m not a lawyer.

  4. The appointment of David Weiss, of all people, as Little Hunter’s “Special Counsel” has officially cemented the legacy of Merrick Garland and the Biden Justice Department as straight-up political whores. Thank you, Jonathan, for an excellent article.

  5. Professor Turley and Republicans citing the regulatory concerns with Weiss’s appointment now is a bit late in the game. After all, 33 Republican Senators in a letter to Garland on September 19, 2022 urged him to make Weiss a special counsel on the Hunter Biden investigation. Professor Turley has strongly advocated an appointment of a special counsel for this situation for over 2 years but until today never clarified before or after the letter whether he wanted Weiss or someone else appointed.

    1. “. . . a letter to Garland on September 19, 2022 . . .”

      Pretty sure new evidence emerged *after* the date of that letter.


    “The Weiss appointment definitively established Garland as a failure as attorney general.”

    – Professor Turley

    The judicial branch, with emphasis on the Supreme Court, has the power to review all completed acts of the executive and legislative branches.

    The Supreme Court has a sworn-oath duty to “nip in the bud” the corrupt Weiss appointment and the corrupt, soviet-style political persecution of a former president and current political opponent, both of which constitute completed acts of the executive branch and state governments.

    Judicial Review in the United States

    The legitimacy of judicial review and the judge’s approach to judicial review are discussed.

    The doctrine of judicial review holds that the courts are vested with the authority to determine the legitimacy of the acts of the executive and the legislative branches of government.

    – Department of Justice, Office of Justice Programs

    Judicial Review

    The best-known power of the Supreme Court is judicial review, or the ability of the Court to declare a Legislative or Executive act in violation of the Constitution, is not found within the text of the Constitution itself. The Court established this doctrine in the case of Marbury v. Madison (1803).

    Before the passage of the Fourteenth Amendment (1869), the provisions of the Bill of Rights were only applicable to the federal government. After the Amendment’s passage, the Supreme Court began ruling that most of its provisions were applicable to the states as well. Therefore, the Court has the final say over when a right is protected by the Constitution or when a Constitutional right is violated.

    – United States Courts https://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/about

  7. The acrimony spewing from the DOJ is untenable. They continually throw crap on the wall hoping something will stick, regardless of existing laws. All the while hoping the courts will disregard the law and side with their lawless pursuits. It has become crystal clear there are no longer three branches of government of equal strength. One sits in fear and twiddles its thumbs; one awaits the next nonsensical case to rule on, while the other mans the rudder disregarding the other two. We have become a monarchical tyranny, beholden to the executive branch and its minions in the bureaucratic apparat.

    1. Weiss has thrown very little crap at Hunter for five years; he sprayed a hose and washed it all off the wall in June.

      With the appointment of Weiss as Special Counsel, there is a glaring “conflict of interest,” and Weiss is distinctly not from the “outside” but has been on the inside for five years.

      This is a slap in the face to America by the Eminently Honorable Merrick Garland (sarc/on).

      28 CFR § 600.1 – Grounds for appointing a Special Counsel.


      prev | next
      § 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.

  8. It’s not a “gun charge” — it’s a LYING on a gun application charge, and lying on a gun application is NOT a charge that’s been nullified.

  9. How many times has Turley called for a special counsel, including very recently. Today on Fox News, you’d never know it from his comments, he now says it will give more credence to efforts to impeach Biden. All reporting says Weiss requested Special Counsel status, imagine the response had it not been granted? Turley writes about the diminishing rating of the DOJ than during the Barr era. He must be talking about the earlBarr era because by the time he was forced out, he and the DOJ were hated by Democrats and Republkicans. I wonder if Turley will look back one day and realize he is part of the problem. Feeding the base what they want to hear instead of being impartial, or even honest.

    1. Rage is the only thing on the menu for Trump’s cult, cause they have nothing else. Turley and the rest of the right-wing media is holding another empty stick, hoping they will follow yet another pretend carrot, they say is there, when it’s not.

      1. Given that you are enjoying a bromance with Enigmain, consider visiting his low traffic blogs (plural) and buy him a cup of coffee. He has an icon for that on his low traffic blogs (plural). Better yet, donate 10% of your earnings from trolling for Media Matters and redirect it to Enigmain since his subscriber base, according to the number of followers listed on his low traffic blogs (plural) are indicative that no one seems to care about his opinion except you. So it should surprise no one that Enigmain comes here to redirect his anger that his opinion is not desired.

        Hang on, Enigmain, your BBF, Fishwings is about to infuse funds into your coffee cup collection. Perhaps a cheap room on Orange Blossom Trail will work for you two. Fishwings will buy. No need to make a video for us. Don’t forget to double glove

        ORLANDO, Fla. — Almost 40 years ago, Orlando and its family-friendly image had a problem. Massage parlors, prostitutes, strip clubs and rising crime along South Orange Blossom Trail had become such a concern that in 1981, Channel 9 produced an hourlong documentary addressing the corridor’s decline. Fast forward to the present, and authorities said this iconic Orlando thoroughfare is still struggling with the same problems.


    2. Turley suggested a SC many months ago. Now that Congress is finally investigating the Biden Crime Family, a SC is only likely to get in the way, esp where the SC is a proven stooge of the Democrats. I think Turley has come to the same conclusion.

      1. Many month ago? He’s been on a steady drumbeat for years. I don’t have access to his many television appearances where he’s asked for a special counsel. I won’t take the time to go through his tweets but he repeated his view here on June 23rd which wasn’t “many months ago,

    3. “All reporting says Weiss requested Special Counsel status, imagine the response had it not been granted?”

      When you randomly toss a bunch of dates into a blender, you get a hash — like that statement.

  10. Rep Comer said “They have the bank statements. So the Repub House Judiciary committee should subpoena Joe and Hunter Bidens’ 2015, 2016, 2017, 2018, 2019, 2020, 2021, Federal Tax Returns. Seems they would be entitled to these returns as the Dem House won subpoena of DTs returns. That would be Karma kicking arse. I would allege and wager that Joe Biden did not report any of those extraordinary income, as it was not included in the 2015, and 2016 return data he posted in/on his political web site as a candidate in 2020. Joe did report extraordinary income in 2017 and 2018. I would not be surprised if those Hunter and Joe S-Corps did not file and get the PPP Federal employee loan grants.

      1. His personal tax returns have been made available. Not the S Corp returns from the companies he set up with “Dr” Biden.
        Why don’t you know this?

  11. A welcome first step in dismantling:

    Professor Turley: “Merrick Garland is a person with unimpeachable ethics and integrity.” (8/16/22)

    Now finish the job.

  12. While there are laws, if those in government, the agencies within or working with the government, including justices choosing not to follow the law, then they do so at their own whim because they know there are no consequences for their actions or if there are consequences the consequences are so light they have no fear of, so, society as a whole suffers. These paths have been allowed to be ignored in the United States for so long by society as a whole that the cause and effect have turned into something similar to a festering sore, and from that festering sore that has turned to the final stages of gangrene that we are now experiencing everything coming to a sharp spearhead where society can no longer ignore and the people as a whole need to soul search and find out for themselves if they want a free society or communist structured society. Immunity from crime is nothing but a blanket from prosecution to enable the crime circle to keep spinning.
    In the United States government and all government agencies, private agencies that work with or for the government, justices on all levels have a gross level of corrupt and incompetent individuals that should be removed for the well-being and safety of society and never be allowed to be employed on any level that deals with government or law. They should lose their retirements and perks immediately. Sad to say, the issue with society as a whole believes there should be no consequences for their corruption and incompetence, which sets a country and society up for complete failure sooner or later.
    The United States is a failing country and is quickly becoming a Banana Republic operating as a private commercial enterprise for the exclusive profit of the ruling class.

  13. Would it be possible under current arrangements to have the Supreme Court appoint special prosecutors at the request of Congress or the executive? God love ’em, but the Democrats simply cannot be nonpartisan.

    1. I think that would raise serious separation of powers issues and also go beyond the constitutional authority of the Supreme Court.

  14. From “Alternet”:

    “United States Representative Mike Turner (R-Ohio), the chairman of the House Permanent Select Committee on Intelligence, conceded on Sunday’s edition of Face the Nation that Republicans still lack direct proof that implicates President Joe Biden in a scheme spanning his entire career to personally profit from his son Hunter’s professional relationships….

    Comer said in a statement on Wednesday that “during Joe Biden’s vice presidency, Hunter Biden sold him as ‘the brand’ to reap millions from oligarchs in Kazakhstan, Russia, and Ukraine. It appears no real services were provided other than access to the Biden network, including Joe Biden himself. And Hunter Biden seems to have delivered. This is made clear by meals at Café Milano where then-Vice President Joe Biden dined with oligarchs from around the world who had sent money to his son. It’s clear Joe Biden knew about his son’s business dealings and allowed himself to be ‘the brand’ sold to enrich the Biden family while he was vice president of the United States. The House Oversight Committee will continue to follow the money trail and obtain witness testimony to determine whether foreign actors targeted the Bidens, President Biden is compromised or corrupt, and our national security is threatened.”

    Brennan pressed Turner on whether those statements are “evidence connected to Joe Biden.”

    Turner admitted that “these are not, no. The bank records are right up — the bank records are right on the website of the House Oversight Committee — over $20 million released August 9th that went to Hunter Biden, his family, and business associates that come from China, Russia.”

    Turley DOES know better.

      1. In other words, there’s no “there” there. But, because the evidence against Trump is so compelling and the country is doing so well under Biden’s leadership, the attacks won’t stop–it’s all Republicans have. They’ve allowed Trump’s arrogance, lying and disregard for the law to get out of control without addressing it, and are afraid to speak truth to power–the “power” of a pathological liar who panders to white supremacists–so at this time, he’s their main candidate, so they have to do something, anything, to smear Biden. But, when their backs are against the wall, they have to admit that there’s no proof of any wrongdoing by Joe Biden. However, in the meantime, it’s a great diversion, so Turley is paid handsomely to add his credentials to the manure pile.

  15. Am I disappointed in the DOJ? You bet. Here we are 2 and a half years after the sitting President tried to stay in office by perpetrating a coup. and only a thousand thugs have been arrested and charged with their keystonian cops attempt at sacking the Capitol building. What about trumps perfect call to tell the Georgia official to find him enough votes to win the state? Isn’t that a crime? How about his attempt to use the military to seize voting machines? Coerce the VP to break his constitutional duties and disregard voters from only those states that trump lost in but he really, really wanted to win in? How about keeping, how many classified documents, in his mar a logo castle? Was it a hundred? Thousand? If I had one classified document in my house for one night I’d be in jail for years. And I certainly would have faced trial within months, not years, after committing the crime.

    I know you all love Hunters laptop with all that porn on it, Give it a rest, Did Hunter use his daddies name to make money? Probably most definitively yes. Did all of trumps kids? Yep. In fact, while trump was in office he owned a hotel where foreigners stayed and paid thousands to curry favor with the family. In clear violation of the Constitution, but you all punted on that one, oh well.

    Trump was the first President to ever try to stay in office by perpetrating a coup, And all JT says is trump has free speech rights. Please, the sooner this fiasco is over, the sooner our country can get back to some semblance of order.

    And no, I am not a libturd, liberal, demo, whatever you all like to name call. I think Biden is doing ok but certainly not great. I think the Repos are idiots by adopting the trump party as their own. Mistake. And if you don’t see the mistake after the dismal performance of Rs in the last election? Well, let’s see how the Rs do in a year.

    1. This is pure trollish propaganda.
      Trump used LEGAL means to try to overturn the election.
      The “thousand thugs” were ordinary American concerned about their country, who were protesting the direction of the country under the Democratic party. The Capitol building was not “sacked”. As shown in Tucker Carlson’s videos, the majority of people walked peacefully and respectfully through the Capitol Buidling.
      Trump asked Raffensberger to “find” enough votes to change the result in that election. Al Gore Jr. was on a similar hunt in 2000. If he was charged with a crime, I missed it.
      Coerce the military? How were American service men and women were “coerced”?
      Coerce VP Pence? Trump attempted to persuade Pence. Pence has never suggested that he was “coerced”, a word which suggests the threat of violence or other kind of sanction.
      Keeping hundreds/thousand of classified documents. When he was President, Trump had access to millions of classified documents. Did any of them end up in the hands of Russian agents? The documents in M-A-L were never in danger of disclosure to any American enemy. Such an implication is absurd. If Pres. Biden had not been under the control of the extreme Left, he would have continued Trump’s security clearances.
      “If I had one classified document in my house for one night I’d be in jail for years.” Ridiculous. Classified documents have been leaked by government officials to journalists for years without penalty. Biden himself kept classified documents in his possession for years without any penalty. Everyone knows that DC classification is out of control.
      Hunter’s laptop. The porn on the laptop is irrelevant. Its importance is its showing how the entire Biden family benefited financially from an influence-and-access selling scheme, in which Joe made command performances when called upon to sell the scheme. It is also clear that there is at least one quid-por-quo.
      The guests at Trump’s hotel paid market rates. This was an exchange, not a gift.
      But thank you for the weakenss of the anti-Trump arguments.

      1. The laptop’s porn is hardly ‘irrelevant;’ it allegedly shows a pattern of pedophilia by Hunter, mostly in Asian nations who have the videos and are thus probably using them as leverage against the Bidens in other nefarious schemes. This porn was posted to the networks before Biden was even elected by a relative by one of the tiny little girls who, he said, was terribly injured by Hunter so that she would never be able to have children. The Deep State moved quickly to delete all references to this atrocity from the internet but it may still be available on the Dark Web, and perhaps from the site Marco Polo. I only know this because I actually saw it on the web probably four years ago. I listened to the poor many sobbing about his small relative. There are a few photos still available of the tiny little girl dressed up like a hooker and leading Hunter by the hand.

        1. I tried to delete this post but was unable to because I could no longer find the photo that had once been available for all to see. I am unsure why Professor Turley no longer has the delete and edit tabs; and the marco polo website is marcopolousa.org/

          1. I saw that photo too. It was horrifying. The little girl who looked to be maybe 10 years old at the most was dressed in red and black lingerie.

      2. Anonymous writes: “Trump used a mixture of legal and ILLEGAL means to try to overturn the election.”

        Tell us what was illegal and why. That it is in the court system means that the left is misusing the courts. Give specifics.

  16. Unanswered questions:

    1. Why now? If Weiss needs SC status to bring charges outside Delaware, why didn’t he get it before, when he wanted to bring charges in D.C. and California? And if he always had the powers Garland told Congress he had, what does this appointment add?

    2. Why Weiss? He is totally discredited, having limited the investigation, kept critical evidence away from investigators, agreed to a grotesque plea deal and allowed SOLs on the most serious charges to expire. He needs to be investigated not appointed to investigate.

    3. Why limited to Hunter? There is ample evidence suggesting that Joe was the apex of the influence peddling/bribery/extortion racket. Any SC should be investigating Joe Biden, and he should be from outside DOJ and credible.

    4. What impact on House investigations? It seems unlikely that any DOJ official will now agree to testify because of the “ongoing” SC investigation. The House needs to maximise its power and focus on Joe and the cover up. This is best done through impeachment inquiries into Joe Biden, Merrick Garland and David Weiss (I believe he can be impeached). Kevin McCarthy needs to act on this promptly.

    1. By the way, it looks like Hunter is going to argue that the Diversion Agreement, which both sides signed, is in full force and effect and is not altered by the demise of the plea agreement. If so, they will argue that no other charges may be brought arising out of the facts set out in either agreement.

  17. Could Biden have dirt on Garland? Could Garland be corrupt too? Could Obama have been on the take?
    Yes, yes, yes.

    A great guest of Laura Ingraham says that Garland’s assistant AG, Lisa Monaco, is the one leading this cesspool of DOJ corruption??

    Is it the CIA? The Secret Service? The FBI? JFK was taken out, Nixon was taken out, Trump was taken out. Remember what Schumer said, “the intelligence agencies have a million ways of taking you down”.

    I’ve never been a conspiracy guy about JFK, I always thought lone shooter. I’ve never thought of a conspiracy regarding Nixon, just thought everyone in power hated him and he gave them the rope to hang him. But after what we’ve seen with Trump, the actions of Hilary, Obama, Joe Biden, the FBI, CIA and the SS, Twitter, FB, Scary Poppins et al, I am now open to believing anything is possible.

    1. Read Dr. Robert W. Malone and his ‘take’ on who set up the WEF and which agency is responsible not only for the development of the COVID vaccines, way back when (2015) but also the research that developed the virus to FIT those vaccines. . . The agency is now self-funded, not answerable to the people, and too big to fail. We are screwed.

  18. According to Mark Levin, a reputable source, appointing Weiss is illegal on its face, as the Special Counsel statute requires it be a person from outside the government, NOT an attorney already working for DOJ. As a government lawyer, Weiss can be easily influenced by any of his bosses above him in the chain of command (including Biden), including being fired. What kind of “independence” is that?

    This is nothing but a cover to drag the “investigation” out past the 2024 election, when Joe will no longer care one way or the other. Whoever wins, Joe can pardon his worthless son for any and all crimes, end of story.

    1. Regardless of whether or not Levin is a reputable source, the language of the applicable Federal Regulation is perfectly clear:

      28 CFR § 600.3 – Qualifications of the Special Counsel
      “… The Special Counsel shall be selected from outside the United States Government. …”

      Under the language of law, “shall” means that this is a mandatory command that cannot be ignored. It is NOT lawful to appoint someone as a special counsel if they are functionaries of the US Governemt, which Weiss IS in his position as US Attorney.

      The appointment is ILLEGAL.

      Democrats (and probably some RINOs) are suggesting that this is OK because AG Barr did the same thing when he appointed Durham as Special Counsel while he was also part of the US Government.

      But claiming that it’s OK because Barr did it, too, is a political argument, NOT a legitimate legal argument, and republicans should immediately challenge Weiss’ appointment IN COURT on an emergency basis, BEFORE the statute of limitation runs out on more of Hunter’s alleged criminal conduct.

      1. If memory serves, Durham wasn’t made Special Counsel until after the certification of the “results” of the 2020 election. Barr apparently wanted to forestall the possibility of the Democrats simply shutting Durham’s investigation down.

        Irregular, certainly, and quite possibly illegal, but it wasn’t Barr’s first move, as in this case it wasn’t Garland’s.

        Nonetheless, I agree that the challenge should be made immediately, or else the Republicans should consider that objection waived. I say this because I have absolutely no desire to be nauseated by RINOs bellyaching all over Fox and whatall, while taking zero action. Seen that queasy rerun too many times.

        1. Per Wikipedia: “On October 19, 2020, Barr appointed Durham Special Counsel …” and “Durham resigned as U.S. Attorney effective February 28, 2021.” So he WAS a US Attorney (that is, member of the US Government) when he was appointed Special Counsel, contrary to law.

  19. I know Merrick Garland very well and, like you, I greeted his appointment with enthusiasm and hope that he would be able to diminish the rift. Like you, I am depressed with what I see him doing, and not doing. DOJ is no longer the bulwark of law in this nation and, although I worked closely with DOJ, and Garland, for 11 years I do not see a clear path to righting this ship.

    1. Spike:
      ” … although I worked closely with DOJ, and Garland, for 11 years I do not see a clear path to righting this ship.”
      We used to call truly “righting” a ship like this “scuttling” her.

        1. Now you got it!

          You go, boy!

          Spread the news.

          The other Lisa:

          “[Obama] wants to know everything we’re doing.”

          – Lisa Page to FBI paramour Peter Strzok

          “It’s the [Obama], stupid!”

          – James Carville

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