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Former federal prosecutor Andrew McCarthy dismissed the special counsel investigation into Hunter Biden as a “sham” on Friday.
McCarthy, who led the prosecution of terrorists behind the 1993 World Trade Center attack, said Attorney General Merrick Garland’s decision to appoint Delaware U.S. Attorney David Weiss as special counsel violated Justice Department (DOJ) guidelines. Weiss, as a top official in the DOJ, does not have the requisite independence from the U.S. government to credibly prosecute a case involving the president’s son, McCarthy said.
“This is a sham. There is no special counsel investigation, and there is no Biden investigation,” McCarthy said on Fox News on Friday. “What makes a special counsel special is that you’re a lawyer who’s brought in from outside the United States government – not just outside the Justice Department, outside the government.”
“This is the Biden Justice Department’s vehicle for maintaining control of an investigation that they are not pursuing. They’ve had the case for five years. They’ve never indicted it. They’re strategically allowing the statute of limitations to run to the point that the 2014 and 2015 conduct, which covers most of the $21 million that the congressional investigation report showed this week, that’s already time barred. And it’s time barred because David Weiss himself decided to let those charges die rather than bring an indictment,” McCarthy continued.
Andrew McCarthy: "This is a sham. There is no special counsel investigation, and there is no Biden investigation. This U.S. attorney is being appointed notwithstanding that he is a top official in the Biden Justice Department." pic.twitter.com/gDsZIUNzWg
— Chris Plante Show (@ChrisPlanteShow) August 12, 2023
Garland announced Weiss’ appointment to special counsel on Friday, a shocking twist to a case that was stopped just short of a resolution last month when a judge questioned the terms of a plea deal that prosecutors acknowledged had no precedent. Garland said Weiss requested the designation last week, and the attorney general granted it because of the case’s “extraordinary circumstances.”
The special counsel appointment has raised skepticism among Republicans who have long called for a special counsel in the case. Biden’s defense team is also doubtful of the need for a special counsel.
Republicans do not trust Weiss, and they see his appointment as a possible attempt to shield the U.S. attorney from testifying to Congress about his investigation into Biden.
“This action by Biden’s DOJ cannot be used to obstruct congressional investigations or whitewash the Biden family corruption,” House Speaker Kevin McCarthy (R-CA) posted on X. “If Weiss negotiated the sweetheart deal that couldn’t get approved, how can he be trusted as a Special Counsel?”
Biden defense attorney Abbe Lowell appeared on CBS News over the weekend and said that after a five-year investigation, there is no chance Weiss uncovers evidence that has not already been considered.
“If anything changes from his conclusion, which was two tax misdemeanors and a diverted gun charge, the question should be asked: What infected the process that was not the facts and the law?” Lowell said. Biden’s failed plea deal included two misdemeanor tax charges, as well as a felony gun charge that Biden would have the opportunity to expunge if he completed a diversion program.
Hunter Biden's attorney Abbe Lowell says while U.S. attorney David Weiss has been appointed special counsel, "he's the same person he's been for the last five years."
"If anything changes from his conclusion…what infected the process that was not the facts and the law?" pic.twitter.com/uQANuFDdm2
— Face The Nation (@FaceTheNation) August 13, 2023