Special Counsel May End Up Protecting Biden Admin From GOP Witch Hunts

[LetMyPeopleVote]

Under DOJ rules and case law, the DOJ can decline to answer or provide documents on a matter that is being investigated by the DOJ or the FBI. Until the Biden Special Counsel has completed his investigation, neither Biden nor the DOJ have to answer Gym Jordan's questions.

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https://www.thedailybeast.com/special-counsel-may-end-up-protecting-biden-admin-from-gop-witch-hunts?via=ios

Attorney General Merrick Garland probably did not need to appoint a special counsel to investigate the discovery of a small number of classified documents dating from President Biden’s tenure as vice president—but his decision will ultimately frustrate Republican efforts to weaponize Congressional oversight hearings.

The Justice Department’s special counsel regulations require the Attorney General to first determine that a “criminal investigation of a person or matter is warranted” before appointing a special counsel—and such a determination would seem unjustified, at least from publicly known facts.

Garland also reminded the American public today that he fully believes DOJ would be capable of investigating any matter with independence and integrity, but this is the second time in less than two months that Garland has appointed a special counsel......

The newly formed Select Committee under the House Judiciary Committee will find its efforts to “oversee”—read: interfere with—active criminal investigations thwarted by the existence of an active Special Counsel investigation given DOJ’s historic resistance to speaking about active investigations.

Grand jury work – typically a part of almost every criminal investigation – will provide further protection since it is governed by rules of secrecy that prevent the government from speaking about the matters before it.

In contrast, if Garland had simply exercised his authority and determined that no special counsel criminal investigation was warranted, then House Republican investigations would have had greater leverage, since they would have been seeking to investigate a closed matter.

[Thomas Hurt]

1. not to mention Biden appointed Garland and if the agency leads were to investigate....

not a special counsel then the christofascists would have bitched that Garland was going sweep it all under the rug as it were.

You know like the IRS commissioner sitting on the Pig's audits.

[Cha]

2. Whadda ya know?! Would you

look at that.. AG Garland is way ahead of those calling for his metaphorical head!!
TY LMP for Shining the Light!

[CatWoman]

3. that was my thought all along

i was really weirded out over all the angry responses that decision made.

[wnylib]

13. Same here.

[SheltieLover]

4. No doubt the reason AG Garland appointed one. But why a tfg maga?

[moonscape]

10. Listened to the latest episode

of the podcast ‘Jack’ where Andrew McCabe gives some thoughts on him from personal familiarity. He says he’ll say what he really thinks, then dances around the edges. I was hoping to find reassurance but in the end can say I didn’t. He didn’t blast the decision but ended up with words along the lines of ‘let’s hope …’

[SheltieLover]

11. I have confidence in SC Smith, but ghe one appointed to investigate Joe is a tfg appointee!

Worked for scum Rosenstein!

There is no appeasing qpukes, so that logic doesn't play for me.

[moonscape]

16. Yes, McCabe was referring to Hur. Smith

is beyond perfect!

[Walleye]

5. I hope the special counsel finds out how his documents got in his house

[GoCubsGo]

6. He was working from home after his son died.

Reports are saying that a lot of the "documents" were condolence letters. Not every document is government security-related. He also could have printed out some of his e-mails, so they weren't necessarily "brought in."

[tritsofme]

7. You mean Garland knows better than click hungry charlatan pundits?

Who would have thought?

[dalton99a]

8. Kick

[W_HAMILTON]

9. Who says the DOJ has to provide Congress information on ongoing investigations regardless?

I mean, if that were the case, certainly the January 6th Committee members wouldn't have seemed so flummoxed (Schiff immediately comes to mind) by DOJ's (in)actions over the past couple of years.

[SheltieLover]

12. From what I've read, SC is not beholden to nor funded by Congress.

[LetMyPeopleVote]

14. FLASHBACK: Obama's Attorney General Eric Holder held in Contempt of Congress

Gym Jordan and company are going to "investigate" the politicization of the DOJ and Special Counsel Jack Smith as part of the proposed rules package that McCarthy agreed to. Assuming that this rules package is adopted, any such investigation by Gym Jordan will not be able to do much. Remember the silly Fast and Furious investigation. A tea party-controlled House Judiciary Committee subpoenaed AG Holder who declined to prove all of the requested documents. The tea party-controlled House held AG Holder in contempt

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The DOJ declined to prosecute AG Holder for not turning over documents to a tea party controlled Congressional committee

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https://www.washingtonpost.com/world/national-security/justice-department-confirms-it-will-not-prosecute-holder/2012/06/29/gJQAbHgACW_story.html

The Justice Department has told House leaders that Attorney General Eric H. Holder Jr.’s decision to withhold certain documents about a flawed gun operation from Congress is not a crime and he will not be prosecuted for contempt of Congress.

Deputy Attorney General James M. Cole explained the decision, which was expected, in a letter to House Speaker John A. Boehner (R-Ohio). The letter was released publicly Friday, just over a week after President Obama invoked executive privilege to withhold the documents.

In his letter, Cole said the decision not to prosecute Holder conforms to long-standing Justice Department practice in both Democratic and Republican administrations.

In May 1984, Theodore B. Olson, then assistant attorney general, wrote that U.S. attorneys are not required to refer congressional contempt charges to a grand jury or prosecute an executive branch official “who carries out the President’s instruction to invoke the President’s claim of executive privilege before a committee.”

In July 2007 and February 2008, Attorney General Michael Mukasey cited the Olson analysis in letters to House Democratic leaders, informing them that Justice would decline to press charges against White House chief of staff Joshua Bolten and White House counsel Harriet E. Miers, who were held in contempt after failing to appear before the House Judiciary Committee.

Gym Jordan can try to ask the DOJ anything he wants, and the DOJ can decline to answer any questions about ongoing criminal investigations and all the Freedom Caucus can do is get upset.

[LetMyPeopleVote]

15. W/O appointment of special counsel, House Republican investigations would have had greater leverage

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