President Biden and his Justice Department under Attorney General Merrick Garland should be treating both former President Donald Trump and the incumbent the same in terms of federal investigations, Federalist editor-in-chief Mollie Hemingway told Fox News.
On "Life, Liberty & Levin," Hemingway nodded to host Mark Levin's question as to how a special counsel has not yet been named to investigate Biden in terms of alleged ties to his son Hunter's foreign business dealings.
Hemingway added that in terms of Garland's decision to name Kosovo War crimes prosecutor Jack Smith as a special counsel to handle ongoing probes into Trump, such a step might not have been necessary.
"It's amazing on two fronts," Hemingway replied.
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"First off, you don't need a special counsel to go against Donald Trump. In fact, you don't need to have really anything going against Donald Trump right now over a paperwork dispute — the type that is common with all presidents when they are exiting office," she added in reference to the prong of Smith's probe focusing on the handling of materials at Trump's Palm Beach estate.
"The special counsel statute is supposed to be [invoked] when there's a conflict of interest between the Department of Justice and how they're investigating someone from their own administration, or with ties to their own administration. It is unbelievable that one hasn't been appointed already [in relation to the Bidens]."
Hemingway said Trump-era Attorney General Bill Barr did not appoint a Biden special counsel because he saw no conflict as recognized under the statute, but assumed one would be named by the incoming administration.
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Hemingway further claimed several former DOJ officials have agreed one should be appointed in regard to the ongoing federal case against Hunter Biden based out of Wilmington.
She added the Delaware U.S. Attorney's office is much smaller than other jurisdictions.
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"It isn't just Hunter Biden," she said. "It's other members of the Biden family and how they have taken money from foreign oligarchs, corrupt regimes and other people that really [are] of interest to the Department of Justice."
Later in the interview, Hemingway expounded upon what she sees as a discrepancy between the DOJ's overall handling of Trump versus Biden — saying the department has become politicized.
"It's a real big problem that we have these two standards of justice, that if you are an ally of the regime, then you can do pretty much whatever you want," she said. "But if you challenge the regime, if you are disruptive to their control over the D.C. establishment, there will be no stone left unturned to go after you, destroy you, anyone who supports you — anyone close to you."
