The Biden Crime Family (a.k.a. "Biden is an honest guy"

[finnbow]

GOP: Defund the DOJ. Except the part of it that's investigating Hunter Biden.

[whell]

Originally Posted by finnbow

GOP: Defund the DOJ. Except the part of it that's investigating Hunter Biden.

Demwits - The police are corrupt, racist, violent pigs...unless they're going after the right.

[finnbow]

Originally Posted by whell

Demwits - The police are corrupt, racist, violent pigs...unless they're going after the right.

What Dems are saying is that police are corrupt, racist and violent when they use pretext and excessive force to brutalize our fellow black citizens. There are numerous incidents and consent decrees that illustrate the problem.

That is a bit different from the Party of Law and Order demonizing law enforcement for prosecuting Trump for staging a coup, stealing and hoarding national secrets and bank/wire/tax fraud.

Leave it to you to be unable to discern the difference.

[Rajoo]

Originally Posted by whell

One other point to ponder - can Weiss even serve as a SC in this case? He's a DOJ employee, correct?

https://www.ecfr.gov/current/title-2...er-VI/part-600

An individual named as Special Counsel shall 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. The Special Counsel shall be selected from outside the United States Government. Special Counsels shall agree that their responsibilities as Special Counsel shall take first precedence in their professional lives, and that it may be necessary to devote their full time to the investigation, depending on its complexity and the stage of the investigation.

But according to Chickie, I'm apparently too dumb to point something like this out.

Here is what I found and is factual reporting dated August 11, 2023.

Attorney General Merrick B. Garland announced today the appointment of U.S. Attorney David Weiss to serve as Special Counsel for the ongoing investigation and prosecutions referenced and described in United States v. Robert Hunter Biden, as well as for any other matters that arose or may arise from that investigation. Mr. Weiss was nominated by the former president in 2017 and confirmed by the U.S. Senate in 2018. In 2021, he was asked to remain as U.S. Attorney for the District of Delaware, where he led this ongoing investigation. On Tuesday, Aug. 8, Mr. Weiss requested to be appointed as Special Counsel, and today the Attorney General made that appointment.

“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,” said Attorney General Garland. “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.”

The Attorney General also said, “As Special Counsel, he will continue to have the authority and responsibility that he has exercised previously to oversee the investigation and decide where, when, and whether to file charges. The Special Counsel will not be subject to the day-to-day supervision of any official of the Department, but he must comply with the regulations, procedures, and policies of the Department … Today’s announcement affords the prosecutors, agents, and analysts working on this matter the ability to proceed with their work expeditiously, and to make decisions indisputably guided only by the facts and the law … I am confident that Mr. Weiss will carry out his responsibility in an even-handed and urgent matter, and in accordance with the highest traditions of this Department.”

Sounds to me by the book. You notice that Mr. Weiss continued in his investigative role after President Biden assumed his office.

https://www.justice.gov/opa/pr/appoi...cial-counsel-2

INDICTMENT COUNT: BIDEN FAMILY --> 0. TRUMP --> 78

[finnbow]

Originally Posted by whell

One other point to ponder - can Weiss even serve as a SC in this case? He's a DOJ employee, correct?

An attorney generals legal authority to appoint someone to run a special investigation does not come from the regulation. It comes from statutes enacted by Congress. Those laws do not say that appointee has to come from outside government.

Garland invoked his statutory authority to appoint Weiss to run the Hunter inquiry, then decreed that the portions of the special counsel reg that provide protections/duties would apply. He did not appoint him pursuant to the regulation just as Barr did not for Durham.

in 2003, when Acting AG James Comey named a sitting US attorney, Pat Fitzgerald, SC for the Valerie Plame affair, he did not invoke the reg at all. Comey invoked statutory authority & simply delegated AG powers to Fitzgerald.

As noted above, Barrs naming of then-sitting US attorney John Durham as special counsel to investigate the Russia inquiry was similarly structured - invoke statute to appoint, then say only the protective and duties portions of the regulation apply.

And Mueller, though from outside of the government, was also appointed per statute (not the regulation) with only the regulations protections and authorities cited.

In short, for years AGs from both parties have not felt constrained by the Janet Reno era regulation and have generally only used the protections and authorities contained therein and relied upon the statute (i.e., the law as opposed to an internally- generated regulation) for the appointment itself.

FYI, regulations only have the force of law if authorized by statute and promulgated in strict compliance with the Administrative Procedures Act (Notice and Comment Rulemaking). Regs issued for internal use are effectively recommended organizational SOPs that are not legally binding. So yes, as Chick asserts, you are too dumb to understand the historical application of the laws and regs regarding the appointment of a Special Counsel.

Thank you for listening to my TED talk.

[bobabode]

Originally Posted by finnbow

An attorney generals legal authority to appoint someone to run a special investigation does not come from the regulation. It comes from statutes enacted by Congress. Those laws do not say that appointee has to come from outside government.

Garland invoked his statutory authority to appoint Weiss to run the Hunter inquiry, then decreed that the portions of the special counsel reg that provide protections/duties would apply. He did not appoint him pursuant to the regulation just as Barr did not for Durham.

in 2003, when Acting AG James Comey named a sitting US attorney, Pat Fitzgerald, SC for the Valerie Plame affair, he did not invoke the reg at all. Comey invoked statutory authority & simply delegated AG powers to Fitzgerald.

As noted above, Barrs naming of then-sitting US attorney John Durham as special counsel to investigate the Russia inquiry was similarly structured - invoke statute to appoint, then say only the protective and duties portions of the regulation apply.

And Mueller, though from outside of the government, was also appointed per statute (not the regulation) with only the regulations protections and authorities cited.

In short, for years AGs from both parties have not felt constrained by the Janet Reno era regulation and have generally only used the protections and authorities contained therein and relied upon the statute (i.e., the law as opposed to an internally- generated regulation) for the appointment itself.

FYI, regulations only have the force of law if authorized by statute and promulgated in strict compliance with the Administrative Procedures Act (Notice and Comment Rulemaking). Regs issued for internal use are effectively recommended organizational SOPs that are not legally binding. So yes, as Chick asserts, you are too dumb to understand the historical application of the laws and regs regarding the appointment of a Special Counsel.

Thank you for listening to my TED talk.

Thank you, Pat. Our friend Whell is very cornfuzled as usual.

[finnbow]

Originally Posted by bobabode

Thank you, Pat. Our friend Whell is very cornfuzled as usual.

What is particularly funny is just when he thinks he has found a Gotcha Moment, he falls flat on his face. I think it has happened on nearly every thread upon which he has been an active participant.

One would think this would provide an incentive to restrain from consuming wingnut news in favor of more credible/reliable sources. But he seems convinced, notwithstanding overwhelming proof to the contrary, that the likes of Fox News are credible and stalwarts of the MSM are not.

I suppose the truth and facts are simply too disconcerting for someone who has bought into Trumps bullshit for so long.

[Rajoo]

This is indicative of the arrogance of a typical MAGAmoron.

This is AG Garland who was a candidate for the Supreme Court making an appointment and one would assume he would know what is legal from an army of attorneys working in the Justice Department and one expect him to have done his due diligence.

Yet here we are, a MAGAt yelling illegal, illegal.

INDICTMENT COUNT: BIDEN FAMILY --> 0. TRUMP --> 78

[finnbow]

Originally Posted by Rajoo

This is indicative of the arrogance of a typical MAGAmoron.

This is AG Garland who was a candidate for the Supreme Court making an appointment and one would assume he would know what is legal from an army of attorneys working in the Justice Department and one expect him to have done his due diligence.

Yet here we are, a MAGAt yelling illegal, illegal.

INDICTMENT COUNT: BIDEN FAMILY --> 0. TRUMP --> 78

I am guessing he may have gotten riled up when he heard James Comer claim he was right at the point where he had traced it to Joe Biden but Garland foiled his plans by appointing a special counsel (Comer actually said this).

IOW, there are MAGAMorons dumb enough to buy Comers Dog Ate My Homework BS.

[finnbow]

GOP: If Hunter Biden isn't treated far worse than his charges typically command and if Donald Trump isn't treated far better, the justice system is broken.