The immediate effect of this belated appointment will be to insulate Weiss and the Department from Congress as it prepares to interview Weiss and members of his team.

Yet if that was truly his purpose in doing this, Garland might have been too clever by half. First, since Garland did not appoint someone from outside of the Department (as envisioned under Section 600.3).

Of course, Garland could insist that, although this appointment from inside the Justice Department violates the statute, Special Counsel John Durham was also selected from the department’s ranks. Yet that does not excuse the appointment of a prosecutor who has been accused of conflicts of interest and false statements — the very antithesis of a special counsel who is supposed to have “a reputation for integrity and impartial decision-making.”

Second, there is the failure to expand Weiss’s mandate. Garland described that mandate as focusing again on Hunter Biden, and the Justice Department refused to respond to questions on the possible inclusion of his father in the investigation.