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 August 17, 2023

Alan Dershowitz says Merrick Garland's special counsel appointment was illegal

Legal expert Alan Dershowitz believes Attorney General Merrick Garland broke the law by appointing U.S. Attorney David Weiss as special counsel in the Hunter Biden investigation, the Daily Wire reported. The former Harvard Law professor outlined the rationale for this claim Wednesday.

The rules, specifically noted in the "Qualifications of the Special Counsel" § 600.3(c) of the Code of Federal Regulations, state that a special counsel must be "selected from outside the United States government." This should immediately disqualify Weiss from the position.

“This requirement is the law… There are good reasons for this requirement,” Dershowitz wrote.

"Special counsel is supposed to be independent of the current government, not an employee who serves as U.S. Attorney for Delaware and can be fired from that job by the president. He is supposed to look at the evidence through the eyes of an outsider.”

Another problem with Garland's appointment is that Weiss has already spent several years investigating Biden. He was the one that accepted what is commonly thought of as a "sweetheart deal" that was later thrown out in court for its egregiously forgiving terms.

The deal allowed Biden to get away with a felony gun charge by accepting a diversion agreement and pleading guilty to a pair of misdemeanor tax crimes, according to the Washington Examiner.  U.S. District Judge Maryellen Noreika was expected to rubber stamp the agreement at his plea deal but questioned the "unusual" terms that granted a blanket immunity from further charges.

This led to the entire deal falling apart, much to the chagrin of Biden attorneys. It seems Weiss is being positioned to save face for the government and perhaps find another way to cover for Biden.

In an interview Monday on "Mornings with Maria," Dershowitz voiced objections to Weiss that echoed many concerns from Republicans. "What I would have liked to find out is what David Weiss actually did, not what he was authorized to do," he told host Maria Bartiromo.

"What did he actually investigate? Did he look into Burisma?" Dershowitz said of the Ukrainian energy company that allegedly bribed Biden and his father, then-vice president Joe Biden, $5 million each.

"Did he look into Ukraine, China, or did he merely satisfy himself by looking at the gun charge, which is a minor misdemeanor, and looking at the two tax charges? I think it was the wrong person to pick for this job," Dershowitz asserted.

The legal expert and self-proclaimed Democrat stated that while he intends to vote for Joe Biden again, he believes a proper investigation must proceed. "I'm a Democrat," he said.

"I really do think a special counsel has to be appointed to investigate whether or not President Biden had any connections to his son's illicit dealings," Dershowitz continued. "I think there's, right now, enough cause from these whistleblowers and these other allegations to have somebody outside the government look to see whether or not President Biden had any connections to his son's shenanigans," he added.

"I hope not. I think not. But it's not my opinion that counts; it's the objective evidence that counts," Dershowitz conceded.

It's embarrassingly obvious that Weiss is not eligible to be the special counsel under the stated rules. It is equally clear that his role is to continue to circle the wagons to protect the president and his son.

Written By:
Christine Favocci

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