OPINION_ OPINION ALAN DERSHOWITZ: The Hunter Biden Special Counsel Appointment Is Blatantly Illegal

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ALAN DERSHOWITZ: The Hunter Biden Special Counsel Appointment Is Blatantly Illegal

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Alan M. Dershowitz
Felix Frankfurter Professor of Law, Emeritus at Harvard Law School, and the author most recently of The Price of Principle: Why Integrity Is Worth The Consequences. He is the Jack Roth Charitable Foundation Fellow at Gatestone Institute, and is also the host of "The Dershow" podcast.
August 16, 2023 11:19 AM ET


When Attorney General Merrick Garland announced that he was appointing David Weiss as special counsel, he failed to mention § 600.3(c) of the Code of Federal Regulations entitled “Qualifications of the Special Counsel.” These qualifications include the following: “The special counsel shall be selected from outside the United States government.” (Emphasis added)

This requirement is the law. The regulations were authorized by Congress under 5 U.S.C. 301, 509, 510, 515-519. The attorney general is the chief law enforcement officer of the United States. It is certainly expected that he would obey the law in its entirety.

If he feels that somehow there is an applicable exception to this requirement, he is obliged to explain why. Particularly when the special counsel is appointed to investigate the son of the incumbent president, who appointed Garland, every T should be crossed and every I should be dotted. Here we have what appears to be a clear rule using the word “shall” rather than a more permissive word such as “may.” The regulation on its face seems mandatory, and not advisory. If it is not, why not?

There are good reasons for this requirement. Special counsel is supposed to be independent of the current government, not an employee who serves as U.S. Attorney for Delaware and can be fired from that job by the president. He is supposed to look at the evidence through the eyes of an outsider. (RELATED: ALAN DERSHOWITZ: No, The 14th Amendment Can’t Disqualify Trump)

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READ MORE: https://dailycaller.com/2023/08/16/opinion-the-hunter-biden-special-counsel-appointment-is-blatantly-illegal-alan-dershowitz/

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