Rep. Sessions suggests that the appointment of Hunter Biden as Special Counsel may break the law, which mandates an outsider for government positions.

Attorney General Merrick⁣ Garland’s Appointment of Special Counsel for Hunter Biden Investigation May Violate Law, Says Rep. Pete Sessions

According to Rep. Pete Sessions (R-Texas), Attorney General Merrick Garland’s appointment of Delaware U.S. Attorney David Weiss as Special Counsel for the Hunter Biden investigation may violate the law. The law states that the position must be filled by an individual who is impartial and from ⁣”outside of the government.”

“Today, Merrick Garland hired a Special​ Counsel who he knew would ‌not investigate the President’s illegal behavior while ⁤he was Vice⁤ President. He⁤ is placing the same prosecutor in charge of Hunter ‍Biden’s sweetheart deal. ‍David⁣ Weiss has shown himself to not be an impartial decision-maker, and therefore I do not believe he is qualified to be Special Counsel. Lawmakers will not stand idly by and will rigorously seek accountability and transparency in this process,” Mr. Sessions told The Epoch Times.

The Texas Republican is chairman of the House​ Committee on ‌Oversight and Accountability Subcommittee on Government Operations and the⁢ Federal Workforce.

Mr. Sessions’ father was Director of the‍ FBI from 1987 until 1993, when he tangled‍ with then-Attorney General Janet Reno. The ⁤senior Sessions had served as a federal judge before President Ronald Reagan’s appointment to the FBI position.

Sen. Lindsay Graham, the Ranking Member of the ⁤Senate Judiciary Committee, pointed to the‍ plea deal as “the biggest‌ sweetheart deal in the history of the ⁤American legal system. ​To‌ allow this same team to continue to investigate potential financial crimes involving Hunter Biden and others doesn’t pass the smell test. If ​the goal of Attorney General Garland’s decision to appoint Mr. Weiss as special counsel in the Hunter Biden ‌investigation was to put this story to bed, he ​failed miserably.”

Mr. Garland announced ⁢ his appointment of Mr. Weiss as Special Counsel August ⁢11, saying: “On Tuesday of this week, Mr. Weiss advised me that in his judgment, his investigation has reached a stage at which he should continue his work⁣ as a Special Counsel, and he asked⁤ to be so appointed.”

Mr. Weiss⁢ has been investigating allegations involving the son of President Joe Biden since 2020. On July 26, U.S. District Court Judge Maryellen Noreika rejected the proposed plea deal negotiated by Mr. Weiss and Hunter Biden’s ‌lawyers that would have granted Biden complete immunity from future prosecution in return for his pleading guilty to two​ misdemeanor tax evasion charges and accepting probation in a third charge in which he acknowledged lying on a federal firearm purchase‌ form.

Republicans in ⁣Congress condemned the proposed Biden deal as “a sweetheart deal,” and ​almost simultaneously with Garland’s announcement, Mr. Weiss filed a statement ‍with Judge Noreika saying efforts to agree to​ a⁢ revised plea deal had failed and the case cannot be⁢ resolved short of a trial.

“Upon considering his request, as well as the extraordinary circumstances relating to this matter, I have concluded it is in the public⁢ interest to appoint​ him as⁤ Special⁣ Counsel. This appointment confirms my ‌commitment to provide Mr. Weiss all the resources he requests. It also reaffirms that Mr. Weiss has the authority he needs to conduct a thorough investigation ‌and to continue to take the steps he ⁣deems appropriate independently, based only on⁢ the facts and the law,” Garland said. He did not⁢ respond to shouted questions from reporters assembled for the announcement.

The provision to which Mr. Sessions ⁣referred is in the 1999 law that established the Special Counsel position to replace the Independent Counsel ​position that had previously been used in the Clinton sex scandal investigation,⁢ the​ Iran-Contra probe of 1987, and the ⁤Watergate conspiracy investigation.

Section 600.3 provides that “an⁣ individual named as Special Counsel shall be a lawyer with ⁣a ‍reputation for integrity and impartial decision-making, and with appropriate experience to ensure both that ⁢the investigation will be conducted ably, expeditiously and thoroughly, and that investigative and prosecutorial decisions will be ⁤supported by an informed understanding of the criminal law and Department of Justice policies.

A ‍Department of Justice (DOJ) spokesman did not respond to The‍ Epoch⁤ Times’ request for an explanation of how Mr. Weiss can satisfy‌ the⁣ legal requirements for being appointed ‍a Special Counsel. Garland previously appointed Robert Hur as Special Counsel to investigate classified documents in⁤ the possession of the president that were ⁣found at four separate⁢ locations in the⁣ District of Columbia and Delaware. Mr. Hur was not a government employee at the time of his appointment as Special Counsel.

Similarly, Garland appointed Jack Smith in 2022 to investigate President Donald Trump’s possession of classified documents​ at his Mar-a-Logo, Florida, residence. Although a career DOJ attorney, Mr. Smith was working with the Kosovo Specialist Chambers and‍ Specialist Prosecutor’s Office.

Mr.⁤ Sessions and other congressional Republicans argue Weiss cannot be impartial, having accepted the plea deal that gave Hunter Biden complete immunity from all future prosecutions.

Conservative ⁢legal‍ analysts also blasted the appointment. Article ⁤III Founder and President Mike Davis, a former Senate Judiciary Committee staffer, issued a statement calling Weiss a “loyal foot soldier” for the Biden administration.

“When this scandal got exposed ⁣by Judge Maryellen ​Noreika, we now⁣ have today’s special counsel⁢ appointment. Weiss has proven himself as a loyal‍ political foot soldier for Biden. ​And Garland’s⁤ appointment of Weiss as special counsel, ⁣with his ‘ongoing investigation,’ will simply shield Biden from accountability before ​the 20