Merrick Garland doesn’t tap one of his US Attorneys on the shoulder and say now you’re special. Here’s your helmet and the yellow bus is over there. That’s not how the process works under the applicable regulations. Garland as is his wont and that of the entire Magoo administration ignored the law. A special counsel must be someone outside the federal government. I have linked the applicable regulation below. Read it.

I https://www.law.cornell.edu/cfr/text/28/600.3

Now some of you, actually none of you, but some on the left will say why is this any different than when Barr appointed Durham? They are totally different. Barr appointed Durham after Magoo had ‘won’ the election and Durham subsequently resigned his position as USA for Connecticut leaving him outside the government. Garland made clear that Weiss would remain USA for Delaware.

Now this will probably get a little into the weeds. I heard Andy McCarthy today and he said Hunter was never indicted and that struck me as strange until I realized that under the constitution and federal law, only persons charged with felonies require a grand jury indictment. For misdemeanors people can simply be charged. Now why is this important. Because as Andy said today, the statute of limitations is only tolled by an indictment and I will certainly take his word on that. Thus, since there was no indictment, Weiss can do what he did with the most serious tax fraud charges and investigate until after the statute of limitations expires.

One last thing I will cover is the republicans wailing that the appointment now allows DOJ to dodge all congressional requests for documents and witnesses. However that’s only true if they don’t do what they should do and appoint a Select Committee like the J6 Committee which courts said could get access to anything. Or they could get off their asses and initiate an impeachment inquiry which clearly gives them access to everything. Whining may get you tv time but grow a pair and put yourselves in the dominant position.