They aren't binding on the current AG. There's no legal basis for that statement.
If the CURRENT Attorney General were to ignore the regulations, they could be subject to legal challenges.
The only one who could challenge this appointment is someone who is directly affected by it. That would be Hunter Biden, along with anyone else who might be prosecuted by this guy along the way. Nobody is going to be prosecuted by him, so there's no legal basis for any challenge.
If Congress had any cojones, they would challenge the appointment of Weiss.
They don't have to challenge this appointment. They could withdraw funding for any and all Special Counsel activities in the DOJ -- or even the entire DOJ.
You might ask yourself why all these Republican @ssholes clamoring on TV about this appointment don't even mention this option.
RE: They aren’t binding on the current AG. There’s no legal basis for that statement.
Then Congress has to do something to make it binding. Just because you are the Attorney General does not mean that you can ignore a REASONABLE REGULATION Put in place to prevent coverups or favoritism. Make Garland justify his ignoring the regulation. The purpose of having a Special Counsel is in order to establish a degree of independence from the DOJ. David Weiss, being part of the DOJ, is NOT INDEPENDENT.
And before we go all out defunding the entire DOJ and throw the baby out of the bath water, here are some things Congress can do :
* Pass a law to explicitly prohibit the Attorney General from ignoring the regulations. This would be the most direct way for Congress to address the issue. However, it would be a difficult law to pass, as it would require the support of both the House of Representatives and the Senate. But just because it’s difficult doesn’t mean it can’t be done. The very act of doing this will make the corrupt act of the AG more widely known to the public.
* Hold hearings on the Attorney General’s decision to ignore the regulations. This would allow Congress to publicly question the Attorney General about their decision and to put pressure on him to change his mind. Comet’s committee has already forced Garland to appoint a special counsel, PUT EXTRA PRESSURE to appoint a TRULY INDEPENDENT one.
* Appoint a special committee to investigate the Attorney General’s decision. This would be a more thorough investigation than a hearing, and it could lead to further action by Congress, such as impeachment proceedings.
If worse comes to worst, Garland still refuses to budge …
* Start impeachment proceedings against the Attorney General. This would be the most extreme step that Congress could take, but it would be possible if Congress found that the Attorney General had committed high crimes and misdemeanors.
Ultimately, the decision of whether or not to act in this situation would be up to Congress. However, the fact that Congress has a number of options available to them shows that the Attorney General is not above the law. If the Attorney General were to ignore the stipulations of CFR 600, Congress SHOULD take action to hold them accountable.