U.S. Attorney David Weiss’ appointment Friday as special counsel in the Hunter Biden investigation appears to violate a Department of Justice (DOJ) regulation requiring a special counsel to “be selected from outside the United States Government.”
Attorney General Merrick Garland announced Weiss’ appointment as special counsel Friday, noting he would “continue to have the authority and the responsibility that he has previously exercised” and explaining Weiss had requested to be appointed on Tuesday. The Justice Department regulation, which governs the powers and qualifications of a special counsel, was also used to criticize the 2020 appointment of John Durham as special counsel to investigate the origins of the Trump-Russia probe while he was serving as U.S. attorney for the District of Connecticut.
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