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With special counsel, Republicans won't take 'yes' for an answer

  
Via:  Devangelical  •  9 months ago  •  33 comments

By:   Steve Benen (MSNBC. com)

With special counsel, Republicans won't take 'yes' for an answer
It's unusual to see Republicans effectively declare in unison, "How dare Attorney General Merrick Garland do what we asked him to do."

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steve-benen-msnbc_1.png Aug. 14, 2023, 12:46 PM UTC

By Steve Benen

Republican complaints about Attorney General Merrick Garland's actions tend to be reflexive: Whatever he does, GOP officials are against. But as unfortunate as this dynamic is, it's still unusual to see the party effectively declare in unison, "How dare the attorney general do what we asked him to do."

The New York Times summarized the latest problem nicely:


Congressional Republicans have for months repeatedly written to Attorney General Merrick B. Garland demanding he appoint a special counsel to investigate Hunter Biden, the president's son, over his business dealings. Some even demanded that a specific man be named to lead the inquiry: David C. Weiss, the Trump-appointed Delaware U.S. attorney who has long investigated the case. But on Friday, after Mr. Garland elevated Mr. Weiss to special counsel status, Republicans in Congress reacted publicly not with triumph, but with outrage.

It was in April 2022 when several dozen House Republicans wrote to Garland, formally urging him to appoint a special counsel to oversee the Hunter Biden case. It wasn't altogether clear why — a Trump-appointed prosecutor was already handling the case, and there was no evidence of political interference — but the GOP lawmakers made the appeal anyway.

Five months later, in September 2022, 33 Senate Republicans didn't just want any special counsel, these GOP senators specifically requested that Garland elevate Weiss to the role.

"Given the politicization of the DOJ under your watch and the importance of avoiding any appearance of impropriety, the undersigned request that you provide U.S. Attorney Weiss the full protections and authorities of a special counsel," the senators' letter read. "This is one important action that you can take that will go a long way in restoring faith in our governmental institutions."

Even at the time, the Republicans' request was tiresome and needlessly partisan: They asserted without evidence that the Justice Department had been politicized under Garland, which was, and is, a baseless claim. Nevertheless, the GOP senators appeared certain that if the attorney general made Weiss a special counsel, this would address the party's concerns.

So much for that idea.

Sen. Ted Cruz of Texas, who wanted Weiss to serve as special counsel, told Fox News yesterday that he believes Weiss is a "wildly inappropriate" choice to serve as special counsel. Sen. Marsha Blackburn of Tennessee, who signed the same September 2022 letter, also told Fox News that she sees the Trump-appointed prosecutor as a "collaborator." (She didn't say who, exactly, Weiss is collaborating with.)

Meanwhile, on the presidential campaign trail, Sen. Tim Scott of South Carolina, who also urged Garland to make Weiss a special counsel, told Fox News that Weiss "is not to be trusted" in the role of special counsel.

This is, of course, just a partial list. Several other Senate Republicans — Wisconsin's Ron Johnson, South Carolina's Lindsey Graham, and Iowa's Chuck Grassley, among others — pushed similar complaints after Friday's announcement, despite having requested this specific outcome.

To be sure, each of these GOP senators have roughly the same explanation for the dramatic shift: When they pressed Garland to make Weiss a special counsel, the prosecutor had not yet offered the president's son a "sweetheart" deal. Now that they've seen it, the argument goes, they no longer like the Trump-appointed prosecutor.

The problem with this explanation is that the plea agreement Weiss and his team offered Hunter Biden does not appear to have been an actual "sweetheart" deal, Republicans' rhetoric notwithstanding.

Nevertheless, the agreement has since collapsed, and the case appears headed for trial.


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devangelical
Professor Principal
1  seeder  devangelical    9 months ago

fascists, crooks and liars...

 
 
 
Trout Giggles
Professor Principal
2  Trout Giggles    9 months ago

Maybe it was a different Tim Weiss?

 
 
 
devangelical
Professor Principal
2.1  seeder  devangelical  replied to  Trout Giggles @2    9 months ago

biden should just pardon his son. it's been proven that trumpsters don't have any problems with that...

 
 
 
Greg Jones
Professor Participates
2.1.1  Greg Jones  replied to  devangelical @2.1    9 months ago

When DeSantis is elected, I hope he pardons Trump....in case he ever gets convicted of a real crime. 

 
 
 
TᵢG
Professor Principal
2.1.2  TᵢG  replied to  Greg Jones @2.1.1    9 months ago

Why would you think DeSantis is going to win the nomination much less find a way to moderate his position so that he is electable?

Why would you want Trump to be pardoned?  (There are good reasons, just curious as to what you are thinking.)

 
 
 
Tacos!
Professor Guide
2.1.3  Tacos!  replied to  Greg Jones @2.1.1    9 months ago
When DeSantis is elected

That’s never going to happen. Trump could be in a federal prison, and he’d still get nominated at the very least.

 
 
 
TᵢG
Professor Principal
2.1.4  TᵢG  replied to  Tacos! @2.1.3    9 months ago

Amazing, is it not, that this is an entirely realistic prediction based on the state of the GOP nowadays?

 
 
 
Kavika
Professor Principal
2.1.5  Kavika   replied to  Greg Jones @2.1.1    9 months ago
When DeSantis is elected

Wishful thinking at the very least.

 
 
 
JBB
Professor Principal
2.1.6  JBB  replied to  Kavika @2.1.5    9 months ago

I understand DeSantis has his fans, those attracted to him...

Who find Ted Cruz charming. Marjorie Taylor Greene smart!

 
 
 
Greg Jones
Professor Participates
2.1.7  Greg Jones  replied to  JBB @2.1.6    9 months ago

Cruz might not be charming, but he would make an excellent VP

 
 
 
devangelical
Professor Principal
2.1.8  seeder  devangelical  replied to  Greg Jones @2.1.7    9 months ago

... of a small massage parlor in havana.

 
 
 
Drinker of the Wry
Junior Expert
2.1.9  Drinker of the Wry  replied to  devangelical @2.1.8    9 months ago

Was yours a happy ending!

 
 
 
afrayedknot
Junior Quiet
2.1.10  afrayedknot  replied to  Drinker of the Wry @2.1.9    9 months ago

“…ending!”

…as in every one of your responses, is it an exclamation or a question?

In either case, it is guaranteed to be specious. 

 
 
 
Drinker of the Wry
Junior Expert
2.1.11  Drinker of the Wry  replied to  afrayedknot @2.1.10    9 months ago

You should ask devangelical how happy his ending was after a Havana massage. 

 
 
 
afrayedknot
Junior Quiet
2.1.12  afrayedknot  replied to  Drinker of the Wry @2.1.11    9 months ago

“You should ask…”

You should ask how, in any context, you should feel relevant.

 
 
 
Drinker of the Wry
Junior Expert
2.1.13  Drinker of the Wry  replied to  afrayedknot @2.1.12    9 months ago

Relevant, I don’t know.  I only tried to respond to devangelical’s note 2.1.8

 
 
 
Sean Treacy
Professor Principal
3  Sean Treacy    9 months ago

I'm always amazed at how dumb liberal pundits believe their readers to be. 

Is the author unaware that between 2022 and the anger over Weiss's appointment  in August 2023, whistleblowers testified about Weis refusing to prosecute the case normally, and the very public attempted plea bargain that the judge blew up because it was so irregular became public.? This is information that wasn't available in 2022.  Or does he just think his readers won't grasp the concept that the publication of additional facts often cause people who aren't idiots to change their opinions.  Does he assume that since progressives never let facts get in the way of an opinion, no one else does? 

That this argument is a thing doesn't speak well of the author, or his perception of his reader's intelligence. 

 
 
 
Ronin2
Professor Quiet
3.1  Ronin2  replied to  Sean Treacy @3    9 months ago

Also, Weiss isn't eligible to be Special Counsel as he is a member of the government.

§ 600.3 Qualifications of the Special Counsel.

(a) 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.

(b) The Attorney General shall consult with the Assistant Attorney General for Administration to ensure an appropriate method of appointment, and to ensure that a Special Counsel undergoes an appropriate background investigation and a detailed review of ethics and conflicts of interest issues. A Special Counsel shall be appointed as a “confidential employee” as defined in 5 U.S.C. 7511(b)(2)(C) .

Weiss is definitely not "from outside the United States Government".

Garland must think everyone is as stupid and biased as the Democrat media shills and their lemming followers.

Garland definitely has his man.

  • Who has proven to be willing to slow walk an investigation past two election cycles.
  • Willing to statute of limitations run out on the most serious of charges
  • Kept silent when California and DC judges refused to hear the case 
  • Made a sweetheart deal for Hunter- dropping the gun charge that would have sent him to prison; not even giving him a slap on the wrist for not paying taxes; and would have granted Hunter immunity from future charges being filed. Damn that Trump appointed judge for wrecking Garland/Weiss plea deal!

See everyone in 2027 when Weiss will finally be ready to do nothing for the US taxpayer and American Justice System again.

 
 
 
Snuffy
Professor Participates
3.1.1  Snuffy  replied to  Ronin2 @3.1    9 months ago

Wasn't John Durham a US Attorney for the District of Connecticut when he was appointed Special Counsel?  I thought he was.  

I will agree that Weiss is a horrible choice for special counsel in this matter due to how he's already fucked up so badly.  I wonder how much this will continue to impact and delay the House investigation.  

 
 
 
devangelical
Professor Principal
3.1.2  seeder  devangelical  replied to  Snuffy @3.1.1    9 months ago

house investigation? I think you mean rwnj clown show designed to try and keep trump's multiple federal criminal indictments from distracting the mentally challenged.

 
 
 
devangelical
Professor Principal
3.2  seeder  devangelical  replied to  Sean Treacy @3    9 months ago

of course he's fucking useless, he's a trump appointee...

 
 
 
Texan1211
Professor Principal
3.2.1  Texan1211  replied to  devangelical @3.2    9 months ago

so why did Biden keep him and why did he get assigned as special prosecutor?

pays to think things through without the veil of rank hypocrisy.

 
 
 
devangelical
Professor Principal
3.2.2  seeder  devangelical  replied to  Texan1211 @3.2.1    9 months ago
so why did Biden keep him and why did he get assigned as special prosecutor?

don't ask me. I reject the idea of appeasing republicans. since 2017 I'm in favor of fucking them over whenever, wherever...

 
 
 
Texan1211
Professor Principal
3.2.3  Texan1211  replied to  devangelical @3.2.2    9 months ago

[]

 
 
 
Sean Treacy
Professor Principal
3.2.4  Sean Treacy  replied to  Texan1211 @3.2.1    9 months ago
why did Biden keep him and why did he get assigned as special prosecutor?

Fascinating to watch in real time:

  "He's doing  fine, how dare anyone criticize him"  immediately followed by " Of course he's fucking up, Trump appointed him!"

 
 
 
Kavika
Professor Principal
4  Kavika     9 months ago

But, but more excuses from the right. What's new?

 
 
 
devangelical
Professor Principal
4.1  seeder  devangelical  replied to  Kavika @4    9 months ago

 
 
 
Kavika
Professor Principal
4.1.1  Kavika   replied to  devangelical @4.1    9 months ago

Perfect

 
 
 
Tacos!
Professor Guide
5  Tacos!    9 months ago
"How dare the attorney general do what we asked him to do."

Yeah, that’s a good way to put it. Apparently, unless the special counsel is Torquemada, they won’t be happy.

 
 
 
Kavika
Professor Principal
5.1  Kavika   replied to  Tacos! @5    9 months ago
Yeah, that’s a good way to put it. Apparently, unless the special counsel is Torquemada, they won’t be happy.

Perfect example, but he is only responsible for around 2,000 deaths during the Inquisition. Vlad the Impaler is probably more to their liking.

 
 
 
Sean Treacy
Professor Principal
5.2  Sean Treacy  replied to  Tacos! @5    9 months ago
Apparently, unless the special counsel is Torquemada, they won’t be happy.

Exactly.  Expecting Biden to be treated the same  as any other person is no different than demanding an inquisitor  be appointed. You nailed it.

How dare anyone be bothered the DOJ intentionally  let a  SOL expire to ensure a cheating taxpayer doesn't have to repay his taxes or be sentenced by the Court, right?   Any prosecutor would do the same for you, too!  

 
 
 
Sean Treacy
Professor Principal
6  Sean Treacy    9 months ago

And now Biden's lawyers are now arguing the signed  Diversion Agreement already protects Hunter from prosecution, regardless of the status of the plea agreement, moving forward. Biden's lawyers have a strong case that Weiss already let Hunter off the hook for all of his financial and tax crimes, not just the gun felony Hunter's obviously guilty of. 

This is why (from a former fed prosecutor):

This entire exercise could have been done in one document. The charges could have been in one information. There was no need for two separate Informations. But having two separate Informations created the excuse to have two separate documents resolving the charges. THAT IS THE FIRST CLUE OF DOJ’s DUPLICITY in this exercise. Well, maybe not the first because there were a lot of clues. But it was a big one.

And that brings me to the critical question of why are BOTH statements of facts referenced in the Diversion Agreement when the Diversion Agreement relates only to the gun charge?

BECAUSE ONLY THE DIVERSION AGREEMENT HAS A CLAUSE CAPTIONED “AGREEMENT TO NOT PROSECUTE.”

Again — for Hunter, he’s getting the benefit of high priced attorneys who are clever and have the connections to talk DOJ into making certain efforts to gain an extraordinary outcome on Hunter’s behalf.

But they would have NEVER talked DOJ prosecutors into this structure unless the DOJ prosecutors weren’t already on board with trying to pull off this scam.

The language of that Clause is very carefully crafted: … “for any federal crimes encompassed” by the two Statements of Facts.

Encompassed ”?? That word is wildly imprecise and a tenet of interpreting Plea Agreements is that ambiguous terms are construed in favor of a defendant and against the Government.

By taking this approach, the GOVERNMENT avoided disclosing to the Court — AND TO THE PUBLIC — the nature of the other criminal activity that is under investigation and might be connected to how Hunter earned the income detailed in the Statement of Facts. The Government could have listed: bank fraud, wire fraud, mail fraud, bribery, extortion, Foreign Agent Registration Act, Foreign Corrupt Practices Act, and money laundering — just off the top of my head — but it CHOSE TO NOT DO SO.

For the DOJ Prosecutors to be part of this is rank corruption because it is not in the public’s interest — it is in the political interests of Joe Biden, the Biden Family Influence Peddling Business, and everyone who benefits from Joe Biden not burning the Democrat Party down around him.

They allowed Hunter’s attorneys to create — and DOJ to then agreed to — a ridiculous and unnecessarily expansive Statement of Facts as part of the Plea Agreement for the two tax misdemeanors. By including everything “encompassed” in that Statement of Facts into the scope of the “Agreement to Not Prosecute” clause of the Diversion Agreement, the DOJ created the ability for Hunter’s lawyers to sweep all the other potential criminal acts swirling around him and others into that “Non-Pros” clause, and gave them the opportunity to argue later — if necessary — that any prosecution of Hunter connected to those subjects is barred by “Agreement to Not Prosecute” even though they have zero to do with the gun charge that the Diversion Agreement applies to.

That would have accomplished two things:

  1. It would have allowed the Biden DOJ to shift the Hunter Biden investigations currently under way into neutral without having to say they were being closed. They could “accurately” claim the investigations remained open without ever admitting that the chances of prosecuting Hunter would be pretty much zero.

  2. If Hunter gets through the two year period provided in the Diversion Agreement, that would protect him from a GOP Administration if a GOP candidate wins the White House in 2024 — including protection from a Trump DOJ. There would be no retrospective re-examination of the evidence that is being covered up now, and no indictment of Hunter for any crimes he committed during the period prior to the date of the Diversion Agreement.

In that regard, the last sentence of the “Agreement to Not Prosecute” clause is instructive:

“This agreement does not provide any protection against prosecution for any future conduct by Biden or any of his affiliated businesses.”

That’s commonly called “The exception that proves the rule.”

The “exception” is that it does not provide protection from prosecution for future crimes. The “rule” is the logical corollary, i.e., it does provide protection from prosecution for past crimes.

There you have it.

It's a long read but it details just how incredibly shady the plea agreement was. 

Though some will still insist Weiss can't be criticized, even if Biden walks without a single conviction due to these shenanigans. .....

 
 
 
Sean Treacy
Professor Principal
7  Sean Treacy    9 months ago

Oh no, now even the Washington Post's editorial board is starting to notice the obvious:

"Initially appearing reasonable, the deal turned out to include peculiar details suggesting critics might have been justified to suspect that Mr. Biden was being given special treatment,"  "Strangely, Mr. Biden’s attorneys and prosecutors appeared to have differing views about whether the president’s son could face further charges under the deal, spurring questions about whether the two sides came tony private understandings not spelled out in the written agreement.”

Strange indeed!  

 
 

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