WASHINGTON, D.C. - Former chief assistant U.S. Attorney Andrew McCarthy told Fox News, "There is no special counsel investigation." This, after Attorney General Merrick Garland appointed U.S. Attorney David Weiss to investigate First Son Hunter Biden's questionable multimillion-dollar financial dealings with foreign actors.
Weiss, the U.S. attorney in Delaware, previously tried to offer Hunter Biden a favorable plea deal for tax irregularities and a firearms charge, but the judge threw the arrangement out.
Because of Weiss's current position as a Delaware U.S. Attorney, his appointment as special counsel contradicts federal statutes that state special counsels must be appointed from outside of the government.
McCarthy elaborated in a Fox News interview: "What makes a special counsel special is you're a lawyer that's brought in from outside the United States Government." He continued, "He's a top official at the Biden Justice Department."
According to federal law, "A Special Counsel must be a lawyer "with a reputation for integrity and impartial decisionmaking, 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."
Further, the statute states that the Counsel "shall be selected from outside the United States Government."
Whistleblowers Gary Shapley and Joseph Ziegler from the Internal Revenue Service were the lead investigators of Hunter's financial crimes. They testified that Hunter Biden owed $2.2 million in back taxes, which his brother, Kevin Morris, paid off in 2021.
Both Shapley and Ziegler said that federal prosecutors prevented them from interviewing witnesses and getting material that may have implicated the president.
According to Ziegler's testimony, Hunter, his family, and their business associates made $17.3 million in business relationships with foreign nationals between 2014 and 2019.
Hunter is being investigated for financial wrongdoing and falsifying a federal form that had to be filled out when he purchased a handgun.
When he bought a firearm in 2018, he filled out a "Firearms Transaction Record." One of the disqualifying questions on A.T.F. Form 4473 is 21 (g): "Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?"
Hunter answered "No." This was later discovered to be false due to his admission of using illegal drugs. The area above the signature lines states that filling out the form untruthfully is punishable as a felony under Federal law.
Hunter's attorneys are trying to claim his earlier deal, which the judge tossed out, covers him on the firearms charges. Justice Department prosecutors filed paperwork Tuesday saying the diversion agreement was not legally binding.
"The Defendant chose to plead not guilty at the hearing on July 26, 2023, and U.S. Probation declined to approve the proposed diversion agreement at that hearing," prosecutors wrote. "Thus, neither proposed agreement entered into effect."
It's unclear at the time of this writing whether the diversion will remain in effect for these charges.
Weiss, the U.S. attorney in Delaware, previously tried to offer Hunter Biden a favorable plea deal for tax irregularities and a firearms charge, but the judge threw the arrangement out.
Because of Weiss's current position as a Delaware U.S. Attorney, his appointment as special counsel contradicts federal statutes that state special counsels must be appointed from outside of the government.
McCarthy elaborated in a Fox News interview: "What makes a special counsel special is you're a lawyer that's brought in from outside the United States Government." He continued, "He's a top official at the Biden Justice Department."
According to federal law, "A Special Counsel must be a lawyer "with a reputation for integrity and impartial decisionmaking, 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."
Further, the statute states that the Counsel "shall be selected from outside the United States Government."
Whistleblowers Gary Shapley and Joseph Ziegler from the Internal Revenue Service were the lead investigators of Hunter's financial crimes. They testified that Hunter Biden owed $2.2 million in back taxes, which his brother, Kevin Morris, paid off in 2021.
Both Shapley and Ziegler said that federal prosecutors prevented them from interviewing witnesses and getting material that may have implicated the president.
According to Ziegler's testimony, Hunter, his family, and their business associates made $17.3 million in business relationships with foreign nationals between 2014 and 2019.
Hunter is being investigated for financial wrongdoing and falsifying a federal form that had to be filled out when he purchased a handgun.
When he bought a firearm in 2018, he filled out a "Firearms Transaction Record." One of the disqualifying questions on A.T.F. Form 4473 is 21 (g): "Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?"
Hunter answered "No." This was later discovered to be false due to his admission of using illegal drugs. The area above the signature lines states that filling out the form untruthfully is punishable as a felony under Federal law.
Hunter's attorneys are trying to claim his earlier deal, which the judge tossed out, covers him on the firearms charges. Justice Department prosecutors filed paperwork Tuesday saying the diversion agreement was not legally binding.
"The Defendant chose to plead not guilty at the hearing on July 26, 2023, and U.S. Probation declined to approve the proposed diversion agreement at that hearing," prosecutors wrote. "Thus, neither proposed agreement entered into effect."
It's unclear at the time of this writing whether the diversion will remain in effect for these charges.
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