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The origins of special counsels, their powers and what to expect in the Hunter Biden probe

The origins of special counsels, their powers and what to expect in the Hunter Biden probe
Good afternoon. I'm here today to announce the appointment of David Weiss as *** special counsel consistent with the Department of Justice regulations governing such matters in keeping with those regulations. I have today notified the designated members of each house of Congress of the appointment in February 2018 after being nominated by the former president and confirmed by the Senate. Mr Weiss was sworn in as the United States Attorney for the District of Delaware. Mr Weiss had been *** career prosecutor having served previously in the office for more than *** decade beginning in 2019, Mr Weiss, in his capacity as US attorney and along with federal law enforcement partners began investigating allegations of certain criminal conduct by among others, Robert Hunter Biden. That investigation has been recently referenced in federal criminal proceedings in the District of Delaware and as noted in those proceedings and other public statements by Mr Weiss's office that investigation remains ongoing in February 2021 us, Attorney Weiss was asked to remain as US attorney for the District of Delaware and in that capacity to continue to lead the investigation. As I said before, Mr Weiss would be permitted to continue his investigation, take any investigative steps he wanted and make the decision whether to prosecute in any district. Mr Weiss has told Congress that he has been granted ultimate authority over this matter, including the responsibility for deciding where when and whether to file charges and for making decisions necessary to preserve the integrity of any prosecution, consistent with federal law, the principles of federal prosecution and departmental policies. In *** July 2023 letter to Congress Mr Wes said that he had not to that point requested special counsel designation on Tuesday of this week. Mr Weiss advised me that in his judgment, his investigation had reached *** stage at which he should continue his work as *** 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. This appointment confirms my commitment to provide Mr Weiss all the resources he requests it also reaffirms that Mr Weiss has the authority. He needs to conduct *** thorough investigation and to continue to take the steps he deems appropriate independently based only on the facts and the law. Mr Weiss will also continue to serve as us Attorney for the District of Delaware, *** special counsel. He will continue to have the authority and responsibility that he has previously exercised to oversee the investigation and decide where when and whether to file charges, the special counsel will not be subject to the day to day supervision of any official of the department. But he must comply with the regulations, procedures and policies of the department consistent with the Special Council regulations. At the conclusion of Mr Weiss's work, he will provide me with *** report explaining the prosecution or declination decisions reached by him. As with each special counsel who has served since I have taken office, I am committed to making as much of his report public as possible, consistent with legal requirements and department policy. Today's announcement affords the prosecutors, agents and analysts working on this matter the ability to proceed with their work expeditiously and to make decisions indisputably guided only by the facts and the law. The men and women undertaking this investigation are public servants who have dedicated their careers to protecting the citizens of this country. The appointment of Mr Weiss reinforces for the American people. The department's commitment to both independence and accountability and particularly sensitive matters. I am confident that Mr Weiss will carry out his responsibility in an even handed and urgent manner and in accordance with the highest traditions of this department. Thank you. If us attorney, we had the authorities, he needed. Why does he need to be *** special counsel? Do you still have faith in us? Attorney Weis after the deal fell apart?
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The origins of special counsels, their powers and what to expect in the Hunter Biden probe
The appointment of a special counsel to oversee the Justice Department's probe of Hunter Biden is bringing renewed attention on the role such prosecutors have played in modern American history.On Friday, Attorney General Merrick Garland tapped David Weiss, the U.S. attorney in Delaware who has been probing the financial and business dealings of the president바카라 게임 웹사이트s son, to oversee the department바카라 게임 웹사이트s investigation. He said Weiss asked to be appointed to the position and told him that 바카라 게임 웹사이트in his judgment, his investigation has reached a stage at which he should continue his work," now as special counsel.In January, Garland appointed Robert Hur, a former U.S. attorney in Maryland, to oversee the department바카라 게임 웹사이트s investigation into how several batches of documents marked as classified ended up at Joe Biden바카라 게임 웹사이트s Delaware home and at the offices of the president바카라 게임 웹사이트s Washington think tank.And last year, Garland appointed former Justice Department public corruption prosecutor Jack Smith to lead investigations into the retention of classified documents at former President Donald Trump바카라 게임 웹사이트s Florida estate, Mar-a-Lago, as well as key aspects of a separate probe involving the Jan. 6, 2021, insurrection and efforts to undo the 2020 election. Trump is now facing charges in both cases.A look at the origins of the special counsel, the position바카라 게임 웹사이트s powers and what to expect as Weiss pursues his work: What exactly is a special counsel?A special counsel is an attorney appointed to investigate, and possibly prosecute, a case in which the Justice Department perceives itself as having a conflict or where it바카라 게임 웹사이트s deemed to be in the public interest to have someone outside the government come in and take responsibility for a matter.According to the Code of Federal Regulations, a special counsel must have 바카라 게임 웹사이트a reputation for integrity and impartial decisionmaking,바카라 게임 웹사이트 as well as 바카라 게임 웹사이트an informed understanding of the criminal law and Department of Justice policies.바카라 게임 웹사이트Though they바카라 게임 웹사이트re not subject to the day-to-day supervision of the Justice Department, special counsels must still comply with department regulations, policies and procedures. They also technically report to the attorney general 바카라 게임 웹사이트 the one government official who can fire them.The attorney general is entitled to seek explanations from a special counsel about any requested investigative or prosecutorial step, but under the regulations is also expected to give great weight to the special counsel바카라 게임 웹사이트s views. In the event the attorney general rejects a move the special counsel wants to make, the Justice Department is to notify Congress at the end of the investigation.What powers do they have?Special counsels are provided with a budget and can request a staff of attorneys, both inside and outside the department, if they need extra help.In addition to the ability to bring indictments, special counsels are vested with bread-and-butter law enforcement tools such as the power to issue subpoenas and search warrants. Robert Mueller, a former FBI director who as special counsel in the Trump administration led the investigation into possible coordination between Russia and the 2016 Trump campaign, issued more than 2,800 subpoenas and executed nearly 500 search-and-seizure warrants.How do independent counsels differ from special counsels?The position of special counsel differs in key ways from the work of independent counsels, who used to operate outside the supervision of the Justice Department and who led significant investigations in the post-Watergate era into administrations of both political parties.One such independent counsel was Lawrence E. Walsh. During the Iran-contra affair in President Ronald Reagan바카라 게임 웹사이트s second term, Walsh was appointed to probe secret arms sales to Iran and the diversion of money to rebel forces fighting the Nicaraguan government.A decade later, independent counsel Ken Starr investigated fraudulent real estate deals involving a longtime associate of President Bill Clinton and first lady Hillary Clinton, delved into the removal of documents from the office of deputy White House counsel Vincent Foster after his suicide and assembled evidence of Clinton바카라 게임 웹사이트s sexual encounters with former White House intern Monica Lewinsky. As a result, Clinton was impeached by the House but survived a Senate trial.But because of concerns over the cost and sprawling nature of such probes, Congress in 1999 permitted the provision governing independent counsels to expire.The Justice Department then created new special counsel regulations, designing a position with intentionally less autonomy for circumstances in which the department feels it has a conflict of interest or wants to avoid becoming excessively entangled in politically sticky matters 바카라 게임 웹사이트 like the current Trump-related probes.Mueller was appointed in 2017 to investigate Russian election interference, a two-year probe that yielded criminal charges against 34 people, including several Trump associates, and three business entities. Mueller did not allege a criminal conspiracy between the Trump campaign and Russia. Though Mueller reached no conclusion on whether Trump obstructed justice, he also did not exonerate him.Weeks before Attorney General William Barr left office, he gave John Durham, then the top federal prosecutor in Connecticut, the title of special counsel to ensure that he could continue investigating the origins of the Russia probe under new Democratic Justice Department leadership. In May, Durham released his findings in the form of a 300-page report showing that the FBI rushed into its investigation of ties between Russia and Trump바카라 게임 웹사이트s 2016 campaign and relied too much on raw and unconfirmed intelligence.Who is special counsel David Weiss?Appointed by Trump, Weiss was sworn in as Delaware's U.S. attorney in 2018, according to his official biography. He was retained after Biden took over the presidency so he could continue to oversee the Hunter Biden investigation.Prior to that, Weiss clerked for a justice on the Delaware Supreme Court. He was a federal prosecutor before going into private practice, where he focused on commercial litigation. After a stint with a financial services firm, he rejoined the Justice Department in 2007.In his current position, Weiss has been leading the federal government's investigation into Hunter Biden's financial and business dealings. As special counsel, he will have broader authority to conduct a more sweeping investigation across various areas.In June, Hunter Biden was charged with two misdemeanor crimes of failure to pay more than $100,000 in taxes from over $1.5 million in income in 2017 and 2018. He had been expected to plead guilty after making an agreement with prosecutors, who were planning to recommend two years of probation.At the time, prosecutors said Hunter Biden remained under investigation. The deal unraveled in July as a federal judge raised concerns about the terms of the agreement.Just as his appointment as special counsel was announced on Friday, Weiss notified a federal judge in Delaware that plea deal talks in the Hunter Biden case were at an 바카라 게임 웹사이트impasse.바카라 게임 웹사이트House Republicans are also mounting their own investigation into Hunter Biden바카라 게임 웹사이트s business dealings. They have been seeking to connect the son바카라 게임 웹사이트s work to his father and so far have not been able to produce evidence to show any wrongdoing.

The appointment of a special counsel to oversee the Justice Department's probe of Hunter Biden is bringing renewed attention on the role such prosecutors have played in modern American history.

On Friday, Attorney General Merrick Garland tapped David Weiss, the U.S. attorney in Delaware who has been probing the financial and business dealings of the president바카라 게임 웹사이트s son, to oversee the department바카라 게임 웹사이트s investigation. He said Weiss asked to be appointed to the position and told him that 바카라 게임 웹사이트in his judgment, his investigation has reached a stage at which he should continue his work," now as special counsel.

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In January, Garland appointed Robert Hur, a former U.S. attorney in Maryland, to oversee the department바카라 게임 웹사이트s investigation into how several batches of documents marked as classified ended up at Joe Biden바카라 게임 웹사이트s Delaware home and at the offices of the president바카라 게임 웹사이트s Washington think tank.

And last year, Garland appointed former Justice Department public corruption prosecutor Jack Smith to lead investigations into the retention of classified documents at former President Donald Trump바카라 게임 웹사이트s Florida estate, Mar-a-Lago, as well as key aspects of a separate probe involving the Jan. 6, 2021, insurrection and efforts to undo the 2020 election. Trump is now facing charges in both cases.

A look at the origins of the special counsel, the position바카라 게임 웹사이트s powers and what to expect as Weiss pursues his work:

What exactly is a special counsel?

A special counsel is an attorney appointed to investigate, and possibly prosecute, a case in which the Justice Department perceives itself as having a conflict or where it바카라 게임 웹사이트s deemed to be in the public interest to have someone outside the government come in and take responsibility for a matter.

According to the a special counsel must have 바카라 게임 웹사이트a reputation for integrity and impartial decisionmaking,바카라 게임 웹사이트 as well as 바카라 게임 웹사이트an informed understanding of the criminal law and Department of Justice policies.바카라 게임 웹사이트

Though they바카라 게임 웹사이트re not subject to the day-to-day supervision of the Justice Department, special counsels must still comply with department regulations, policies and procedures. They also technically report to the attorney general 바카라 게임 웹사이트 the one government official who can fire them.

The attorney general is entitled to seek explanations from a special counsel about any requested investigative or prosecutorial step, but under the regulations is also expected to give great weight to the special counsel바카라 게임 웹사이트s views. In the event the attorney general rejects a move the special counsel wants to make, the Justice Department is to notify Congress at the end of the investigation.

What powers do they have?

Special counsels are provided with a budget and can request a staff of attorneys, both inside and outside the department, if they need extra help.

In addition to the ability to bring indictments, special counsels are vested with bread-and-butter law enforcement tools such as the power to issue subpoenas and search warrants. Robert Mueller, a former FBI director who as special counsel in the Trump administration led the investigation into possible coordination between Russia and the 2016 Trump campaign, issued more than 2,800 subpoenas and executed nearly 500 search-and-seizure warrants.

How do independent counsels differ from special counsels?

The position of special counsel differs in key ways from the work of independent counsels, who used to operate outside the supervision of the Justice Department and who led significant investigations in the post-Watergate era into administrations of both political parties.

One such independent counsel was Lawrence E. Walsh. During the Iran-contra affair in President Ronald Reagan바카라 게임 웹사이트s second term, Walsh was appointed to probe secret arms sales to Iran and the diversion of money to rebel forces fighting the Nicaraguan government.

A decade later, independent counsel Ken Starr investigated fraudulent real estate deals involving a longtime associate of President Bill Clinton and first lady Hillary Clinton, delved into the removal of documents from the office of deputy White House counsel Vincent Foster after his suicide and assembled evidence of Clinton바카라 게임 웹사이트s sexual encounters with former White House intern Monica Lewinsky. As a result, Clinton was impeached by the House but survived a Senate trial.

But because of concerns over the cost and sprawling nature of such probes, Congress in 1999 permitted the provision governing independent counsels to expire.

The Justice Department then created new special counsel regulations, designing a position with intentionally less autonomy for circumstances in which the department feels it has a conflict of interest or wants to avoid becoming excessively entangled in politically sticky matters 바카라 게임 웹사이트 like the current Trump-related probes.

Mueller was appointed in 2017 to investigate Russian election interference, a two-year probe that yielded criminal charges against 34 people, including several Trump associates, and three business entities. Mueller did not allege a criminal conspiracy between the Trump campaign and Russia. Though Mueller reached no conclusion on whether Trump obstructed justice, he also did not exonerate him.

Weeks before Attorney General William Barr left office, he gave John Durham, then the top federal prosecutor in Connecticut, the title of special counsel to ensure that he could continue investigating the origins of the Russia probe under new Democratic Justice Department leadership. In May, Durham released his findings in the form of a 300-page report showing that the FBI rushed into its investigation of ties between Russia and Trump바카라 게임 웹사이트s 2016 campaign and relied too much on raw and unconfirmed intelligence.

Who is special counsel David Weiss?

Appointed by Trump, Weiss was sworn in as Delaware's U.S. attorney in 2018, according to his official biography. He was retained after Biden took over the presidency so he could continue to oversee the Hunter Biden investigation.

Prior to that, Weiss clerked for a justice on the Delaware Supreme Court. He was a federal prosecutor before going into private practice, where he focused on commercial litigation. After a stint with a financial services firm, he rejoined the Justice Department in 2007.

In his current position, Weiss has been leading the federal government's investigation into Hunter Biden's financial and business dealings. As special counsel, he will have broader authority to conduct a more sweeping investigation across various areas.

In June, Hunter Biden was charged with two misdemeanor crimes of failure to pay more than $100,000 in taxes from over $1.5 million in income in 2017 and 2018. He had been expected to plead guilty after making an agreement with prosecutors, who were planning to recommend two years of probation.

At the time, prosecutors said Hunter Biden remained under investigation. The deal unraveled in July as a federal judge raised concerns about the terms of the agreement.

Just as his appointment as special counsel was announced on Friday, Weiss notified a federal judge in Delaware that plea deal talks in the Hunter Biden case were at an 바카라 게임 웹사이트impasse.바카라 게임 웹사이트

House Republicans are also mounting their own investigation into Hunter Biden바카라 게임 웹사이트s business dealings. They have been seeking to connect the son바카라 게임 웹사이트s work to his father and so far have not been able to produce evidence to show any wrongdoing.