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Andrew McCarthy Makes Case For Special Counsel To Probe Hunter, Possibly Joe Biden

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OPINION: This article may contain commentary which reflects the author's opinion.


Former federal prosecutor Andrew McCarthy believes that Attorney General Merrick Garland is not helping President Joe Biden and his son Hunter Biden by not appointing a special counsel.

He laid out the case for appointing one in an op-ed for The Hill on Thursday.

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“I despise the institution of independent prosecutor, or ‘special counsel’ as the current iteration is known in federal regulation. I am thus sympathetic to Attorney General Merrick Garland’s insistence, in Senate testimony on Tuesday, that the Biden investigation — which the administration disingenuously minimizes as if it implicated only the president’s son, Hunter — is in the capable hands of the Biden Justice Department, with no need to appoint a special counsel,” he said to begin the op-ed.

“Alas, to be sympathetic is different from being convinced,” McCarthy, who led the prosecution of the terrorists who bombed the World Trade Center in 1993, said. “The undeniable facts are that (a) there is a bulletproof case for the appointment of a special counsel under regulations that are supposed to bind the Justice Department, and (b) if the shoe were on the other foot, there is no way Democrats would indulge the pleas of a Republican attorney general — even one who was a respected former federal appeals court judge — that a Republican president’s Justice Department be trusted to investigate the Republican president’s family without political interference.”

He said that the investigation is not solely focused on Hunter’s taxes but the millions of dollars that “poured into the Biden family, not just the president’s son, from foreign sources tied to notoriously corrupt governments (Ukraine, Kazakhstan and Mexico) and authoritarian regimes that are hostile to the United States (China and Russia).”

He argued that “appears to be a correlation between Joe Biden’s influence over American policy regarding the countries in question and the willingness of people and entities tied to the governments of those countries to provide these exorbitant paydays. That correlation is all the more suspicious because Hunter Biden lacked relevant business experience and was at times unabashed about being paid for his name and access to power. The president’s brother Jim reportedly also cashed in — as allegedly did Jim Biden’s wife on at least one occasion (a lavish shopping spree reportedly funded by one set of the family’s Chinese business associates).”

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And he said that it was “apparent” that the president could not have been oblivious to what his son was doing by “trading on his political influence,” pointing to the fact that Biden, when he was vice president, had Hunter with him on Air Force Two for meetings with business partners in China and met with, at minimum, one of Hunter’s business associates.

“The attorney general is not supposed to make it personal by indignantly asking whether we trust him to handle the matter with integrity. The Justice Department must strive to avoid even the appearance of impropriety. Trust in Garland is not the issue. The conflict, and straightforward application of the regulation, take the matter out of the attorney general’s hands. It is in the public interest to have a lawyer from outside the president’s own Justice Department lead the investigation of the president’s son — and perhaps the president’s own conduct. Garland is aware of this. Far from increasing our trust in him, the regrettable fact that he is citing his own integrity to rationalize dodging a clear regulation is reason to question his judgment,” he said.

But “even if we suspend disbelief and assume that President Biden’s hands are completely clean, it is obvious that the Biden Justice Department cannot credibly clear the president or members of the Biden family. The controlling federal regulations dictate that a special counsel must be appointed. The longer Biden’s attorney general fights that reality, the more it increases suspicion that the president’s hands may not be clean,” he said.

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