In response to a request made by Delaware U.S. Attorney David Weiss, Attorney General Merrick Garland has appointed him as a special counsel in the Hunter Biden matter. Weiss has been conducting the investigation since 2019, during the Trump administration. Garland stated that Weiss’s request and the extraordinary circumstances surrounding the matter led to his decision to appoint Weiss as a special counsel.
The appointment of Weiss as a special counsel is significant because it adds to the already existing special counsels appointed to investigate President Biden and his son, as well as former President Trump. It appears that the Department of Justice has found a way to bypass the requirement that the special counsel be selected from outside the government by appointing Weiss under the general authorities of the attorney general instead of the special counsel regulations.
The reason why Weiss sought special counsel status and why Garland granted it remains unclear. In recent letters to Congress, Weiss mentioned his authority over the Hunter Biden matter and the possibility of seeking a special attorney designation under 28 U.S.C. § 515. However, the need for special counsel status and the change in circumstances that prompted it are still unknown. One possible reason could be the recent plea deal that fell apart in court, leading to a trial. This new adversarial posture and the lack of venue in Delaware might have necessitated the appointment of Weiss as a special counsel to give him the authority to bring charges in the non-Delaware venues.
While the appointment of Weiss as a special counsel aims to enhance the legitimacy of the Biden investigation, it remains to be seen whether it will achieve its desired outcome. Recent experiences with special counsels, from the discredited independent counsel era to the Mueller investigation, have shown that they often fail to bring national closure and can contribute to national dissensus. Therefore, it raises concerns about the effectiveness and legitimacy of special counsels in addressing abuses by senior officials in office.
In conclusion, the appointment of David Weiss as a special counsel in the Hunter Biden matter adds to the existing special counsels investigating President Biden and his son, as well as former President Trump. The appointment bypasses the requirement of selecting a special counsel from outside the government by invoking the general authorities of the attorney general. The reasons behind Weiss’s request for special counsel status and the change in circumstances that led to his appointment remain unclear. While the appointment aims to enhance the legitimacy of the investigation, the effectiveness and legitimacy of special counsels in general are questionable based on past experiences.
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