Former federal prosecutor Andrew McCarthy dismissed the special counsel investigation into Hunter Biden as a “sham” on Friday.

McCarthy, who led the prosecution of terrorists behind the 1993 World Trade Center attack, said Attorney General Merrick Garland’s decision to appoint Delaware U.S. Attorney David Weiss as special counsel violated Justice Department (DOJ) guidelines. Weiss, as a top official in the DOJ, does not have the requisite independence from the U.S. government to credibly prosecute a case involving the president’s son, McCarthy said.

“This is a sham. There is no special counsel investigation, and there is no Biden investigation,” McCarthy said on Fox News on Friday. “What makes a special counsel special is that you’re a lawyer who’s brought in from outside the United States government – not just outside the Justice Department, outside the government.”

“This is the Biden Justice Department’s vehicle for maintaining control of an investigation that they are not pursuing. They’ve had the case for five years. They’ve never indicted it. They’re strategically allowing the statute of limitations to run to the point that the 2014 and 2015 conduct, which covers most of the $21 million that the congressional investigation report showed this week, that’s already time barred. And it’s time barred because David Weiss himself decided to let those charges die rather than bring an indictment,” McCarthy continued.

Andrew McCarthy: "This is a sham. There is no special counsel investigation, and there is no Biden investigation. This U.S. attorney is being appointed notwithstanding that he is a top official in the Biden Justice Department." pic.twitter.com/gDsZIUNzWg

— Chris Plante Show (@ChrisPlanteShow) August 12, 2023

Garland announced Weiss’ appointment to special counsel on Friday, a shocking twist to a case that was stopped just short of a resolution last month when a judge questioned the terms of a plea deal that prosecutors acknowledged had no precedent. Garland said Weiss requested the designation last week, and the attorney general granted it because of the case’s “extraordinary circumstances.”

The special counsel appointment has raised skepticism among Republicans who have long called for a special counsel in the case. Biden’s defense team is also doubtful of the need for a special counsel.

Republicans do not trust Weiss, and they see his appointment as a possible attempt to shield the U.S. attorney from testifying to Congress about his investigation into Biden.

“This action by Biden’s DOJ cannot be used to obstruct congressional investigations or whitewash the Biden family corruption,” House Speaker Kevin McCarthy (R-CA) posted on X. “If Weiss negotiated the sweetheart deal that couldn’t get approved, how can he be trusted as a Special Counsel?”

Biden defense attorney Abbe Lowell appeared on CBS News over the weekend and said that after a five-year investigation, there is no chance Weiss uncovers evidence that has not already been considered.

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“If anything changes from his conclusion, which was two tax misdemeanors and a diverted gun charge, the question should be asked: What infected the process that was not the facts and the law?” Lowell said. Biden’s failed plea deal included two misdemeanor tax charges, as well as a felony gun charge that Biden would have the opportunity to expunge if he completed a diversion program.

Hunter Biden's attorney Abbe Lowell says while U.S. attorney David Weiss has been appointed special counsel, "he's the same person he's been for the last five years."

"If anything changes from his conclusion…what infected the process that was not the facts and the law?" pic.twitter.com/uQANuFDdm2

— Face The Nation (@FaceTheNation) August 13, 2023

Joe Biden, who has often been hailed by the Left as a decent, compassionate person, was at the beach in Delaware on Sunday when asked about the enormous tragedy in Maui, where the deadliest wildfire in the U.S. in the last 100 years has now claimed at least 96 lives and possibly more. According to Democrat Hawaii Governor Josh Green, the damage from the fires that utterly ravaged the historic town of Lahaina could amount to $6 billion.

The compassionate response from the president as he was leaving the beach? “No comment.”

After a couple hours on the Rehoboth beach, @potus was asked about the rising death toll in Hawaii

“No comment,” he said before heading home pic.twitter.com/Y0UmXirju9

— Justin Sink (@justinsink) August 13, 2023

Biden is the same man who bragged on Twitter in February 2020, when he was running for president, “Empathy matters. Compassion matters. We have to reach out to one another and heal this country — and that’s what I’ll do as president.”

Empathy matters. Compassion matters. We have to reach out to one another and heal this country — and that’s what I’ll do as president. pic.twitter.com/XVDnUc32Ij

— Joe Biden (@JoeBiden) February 6, 2020

In that same tweet, Biden showed himself saying, “When you have a real problem and it’s devastating to you and someone comes up and says, ‘I know how you feel,’ but someone comes up to you and says, ‘I’ve been through this. I can tell you I know how you feel,’ you immediately say, ‘Tell me,’ because all people are looking for is to say, ‘You made it.’ You look at them and you say intuitively,’ I guess there’s a way through. I guess I can make this; I guess I can make it.’”

In April of this year, Joe Biden told a group of kids, “I have six grandchildren. And I’m crazy about them. And I speak to them every single day.”

By early July, Biden still was unwilling to publicly acknowledge his seventh grandchild, four-year-old Navy Joan Roberts, prompting social media to rip him.

“You can just feel the empathy and decency oozing,” The Spectator’s Stephen Miller said pointedly, referring to the Left’s constant attempts to portray Biden as empathetic and their consistent description of him as a decent man.

“Biden claims to be a devoted ‘family man,’ but his persistent refusal to acknowledge his granddaughter’s existence raises troubling questions about his capacity for human kindness and paternal love,” Joe Gabriel Simonson of the Washington Free Beacon wrote.

The deadliest fire in U.S. history prior to the Maui fires was the 2018 Camp Fire in California, which killed 85 people.