IRS whistleblower's argument for a special counsel dismantled after CNN's Harlow fact-checks him
During an appearance on "CNN This Morning," the IRS whistleblower at the center of the Republican Party's obsession with the Department of Justice's investigation of Hunter Biden was repeatedly fact-checked by co-host Poppy Harlow and then had his central argument dismantled by legal expert Elie Honig.
According to Joseph Ziegler, who believes the DOJ hasn't done a thorough job investigating and charging President Joe Biden's son, a special counsel is needed to take over the case that has been headed by a Donald Trump appointee, U.S. Attorney David Weiss.
With Weiss writing in a letter this week that he is willing to testify at a congressional hearing this fall, Ziegler attempted to make the case that he had questions about Weiss' work and that a special counsel is required to an unfettered job.
That led CNN's Harlow to stop him more than once and point out the limitations of a special counsel -- who must report to Attorney General Merrick Garland -- as opposed to Weiss that has free rein without any undue pressure from above.
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"What I'm asking for is we need to have someone with independent authority with full authority, that special counsel authority that can charge that in venues outside of the district of Delaware," Ziegler demanded.
"The one thing I would say about special counsel so people understand the difference here is David Weiss is a Trump-appointed U.S. attorney has the authority to follow leads where they will take him and his team," Harlow interjected. "A special counsel, the way that that operates, they have to operate within sort of the four corners of what an attorney general sets for them, and if they want to expand the investigation they have to go back to the A.G. get permission to do that."
"There is the argument to be made that, actually, David Weiss has more independence here," she added.
"You have taxpayers who are right now in New England that were charged -- these are fishermen -- it's a fishermen case -- they were charged with misdemeanor and felony tax charges for failing to file tax returns," he countered. "I'm sure that those people would like the same agreement that Hunter got in this situation, and that's my argument is we have to treat people the same in our investigations and how we move forward those investigations."
"And to the point that you're making, the allegation that they were blocked by other U.S. attorneys, that has been contested by their office," Harlow told him.
Asked for comment after the interview ended, former prosecutor Elie Honig backed up his CNN colleague.
"A couple of quick things," the attorney began. "First of all, what the judge said yesterday really doesn't touch either way pro or con on what special agent Ziegler said. The judge did not say this is a sweetheart deal that I can't countenance, the judge said the parties haven't agreed on what this deal is."
"What about on the special counsel?" Harlow pressed. "I think we're going to -- I asked because I think we're going to hear that a lot more. I was sort of trying to explain that a special counsel doesn't always give more leeway."
"There's nothing all that special about a special counsel," Honig explained. "It's essentially the same thing as a U.S. attorney like David Weiss. In some respects there is more freedom to explore those avenues. The question that special agent Ziegler amply raised is were those avenues followed."
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