Trump Orders Criminal Investigation, Which Requires Appointment of a Special Counsel

WASHINGTON - June 8, 2025 - PRLog -- President Donald Trump has ordered the Attorney General to investigate "whether certain individuals conspired to deceive the public about Biden's mental state and unconstitutionally exercise the authorities and responsibilities of the President." [emphasis added]

In support, Trump asserted that: "In recent months, it has become increasingly apparent that former President Biden's aides abused the power of Presidential signatures through the use of an autopen to conceal Biden's cognitive decline and assert Article II authority." [emphasis added]

Among the likely targets are Joe Biden's wife Jill and his son Hunter, as well as former vice president Kamala Harris.

There can't be any stronger and clearer conflict of interest than for a new president to order the Attorney General and the FBI to conduct a criminal investigation of the wife and son of his predecessor, as well as of a leading presidential candidate in the next election, says public interest law professor John Banzhaf.

The law professor should know because his allegations of conflict of interest helped obtain special prosecutors to investigate former president Richard Nixon, and a judicial ruling requiring the appointment of an independent counsel to investigate Debategate.  He also filed the criminal complaint which led to the racketeering [RICO] indictment of Trump in Georgia, and helped scuttle the "sweetheart" criminal plea deal originally offered to Hunter Biden.

Banzhaf notes that federal law mandates the appointment of a special counsel whenever a criminal investigation would create a conflict of interest and it would be in the public interest.

Since the investigation Trump just ordered could undermine and cast serious doubt on "the legality and validity of numerous executive actions undertaken in Biden's name," as well as have enormous impact on upcoming elections, the need for an unbiased person to conduct the investigation is overwhelming, says the professor.

That's why federal law requires, to avoid conflicts of interest, the appointment by the Attorney General of a special counsel, and that "The Special Counsel shall be selected from outside the United States Government."

Any failure to follow the clear requirements of federal law mandating the appointment of a special counsel from outside the government to conduct such an investigation - including possible forgery by the unauthorized use of the president's autopen, as well as lying to government officials including members of Congress and/or FBI agents - could be used to challenge any subpoenas issued, indictments returned, or convictions obtained, suggests Banzhaf.

So far at least two Section 600 requests for the appointment of a special counsel have been filed, and former deputy assistant attorney general John Yoo has also stated that such an appointment is required, notes Banzhaf.

http://banzhaf.net/   jbanzhaf3ATgmail.com  @profbanzhaf