Alan Dershowitz: AG Garland’s Weiss Appointment In Hunter Biden Case Is Illegal
WASHINGTON, DC - JANUARY 29: In this screenshot taken from a Senate Television webcast, legal counsel for President Donald Trump, Alan Dershowitz answers a question from a senator during impeachment proceedings in the Senate chamber at the U.S. Capitol on January 29, 2020 in Washington, DC. Senators have 16 hours to submit written questions to the House managers and the President's defense team. (Photo by Senate Television via Getty Images)
Senate Television via Getty Images

Harvard Law School professor emeritus Alan Dershowitz said Wednesday that Attorney General Merrick Garland had illegally appointed U.S. Attorney David Weiss to be the special counsel in Hunter Biden’s case.

Dershowitz shared an article making that very point via his Substack page, citing § 600.3(c) of the Code of Federal Regulations (a section titled “Qualifications of the Special Counsel” and noting that according to the law, any special counsel was to be “selected from outside the United States government”).

“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.”

Dershowitz went on to say that while he understood Weiss had already spent a number of years investigating Hunter Biden – and that might, in some cases, be cause for an exception — the fact that Weiss had also been party to the “sweetheart deal” that a federal judge threw out at the eleventh hour made him suspect.

That deal – which would have protected Hunter Biden from future prosecution in addition to taking it relatively easy on him with regard to the charges already filed — is the reason many Republicans have objected to Weiss’ appointment, despite calling for a special prosecutor in the case.


“Obviously, there are concerns,” House Intelligence Committee Chairman Mike Turner (R-OH) said last weekend. “I also looked at the appointment and the appointment seems more narrow than what Bill Barr had given him. … It is limited to the case that was brought before him initially, that that’s the scope, instead of all of the matters related to unpaid taxes.”

“The concern here, obviously, with Weiss being Special Counsel is that he was the one that allowed the statute limitations to expire on some very critical felony charges that could have been brought against Hunter Biden,” he added.

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