Former Judge Andrew Napolitano told Newsmax Friday that Attorney General Merrick Garland's appointing U.S. Attorney for the District of Delaware David Weiss as a special counsel to investigate Hunter Biden on Friday is just giving him "a political title."
"The special counsel is supposed to be an independent human being from outside the [Department of Justice]. It doesn't always happen," Napolitano said during "American Agenda" Friday. "If David Weiss is just going to change hats, he's still the U.S. attorney in Delaware.
"He still has the same people working for him. He's still in the middle of the same investigation [of Hunter Biden]. He still has the same evidence. He still has the same charges. He's still dealing with the same defendant and the same defense lawyers.
"What's the difference? Nothing but a political title."
Garland announced the appointment Friday, saying Weiss, who has been investigating the younger Biden for several years, asked him for the title earlier in the week.
"On Tuesday of this week, Mr. Weiss advised me that in his judgment, his investigation has reached a stage at which he should continue his work as a Special Counsel, and he asked to be so appointed. Upon considering his request, as well as the extraordinary circumstances relating to this matter, I have concluded that it is in the public interest to appoint him as Special Counsel," Garland said in a statement Friday.
"This appointment confirms my commitment to provide Mr. Weiss with all the resources he requests. It also reaffirms that Mr. Weiss has the authority he needs to conduct a thorough investigation and to continue to take the steps he deems appropriate independently, based only on the facts and the law."
Napolitano said that the appointment may also have something to do with Hunter Biden's attorneys not being able to reach a new plea deal with Weiss and his prosecutors on tax and gun charges after a previous deal fell apart.
"We learned this afternoon that they're at loggerheads that Weiss' office and Hunter Biden's lawyers cannot agree on anything," Napolitano said. "Which tells me that he's going to be indicted on some things that we don't know about yet."
Despite the appointment, Napolitano said that Garland must be the one in the end to sign off on any charges that might be filed in the case.
"Merrick Garland is still calling the shots," he said. "David Weiss has a direct line to him and a brand-new title, but nothing else has changed."
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Charles Kim ✉
Charles Kim, a Newsmax general assignment writer, is an award-winning journalist with more than 30 years in reporting on news and politics.
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