A noted legal expert and former Justice Department prosecutor says what U.S. Attorney General Merrick Garland did on Friday — appoint U.S. Attorney David Weiss to be a special counsel investigating Hunter Biden — was “illegal” and a “sham.”


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Fox’s legal analyst, Andrew McCarthy, sharply criticized the decision and questioned the appointment based on established guidelines.

During his on-air remarks, McCarthy highlighted the fundamental aspect of appointing a Special Counsel, stressing the importance of selecting an individual who is external not only to the Justice Department but also to the entire governmental framework.

“What makes a special counsel special is that you’re a lawyer who’s brought in from outside the United States government,” McCarthy stated. Contrary to this foundational idea, he pointed out that Weiss, despite his new title, is still very much a part of the Biden administration, being “a top official in the Biden Justice Department.”

McCarthy further underlined his apprehension about the Biden Justice Department employing this appointment as a means to maintain authority over an investigation that, as he put it, “they are not pursuing.”

The extensive duration of the case, stretching over five years without resulting in an indictment, implies a calculated approach aimed at allowing the statute of limitations to expire.

The most critical pieces of the investigation, particularly those from 2014 and 2015, McCarthy explained, during which time most of the $21 million spotlighted in a recent Congressional Investigation Report, were transferred to Hunter Biden, took place.

McCarthy said any illegalities linked to those payments are now “time-barred” from being charged because Weiss purposely dragged out the probe without making any indictments.

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Disclaimer: This article may contain commentary which reflects the author’s opinion.