Harvard law professor warns Hunter Biden’s special counsel has a ‘clear violation’

Chiming in on the appointment of Hunter Biden’s special counsel, a prominent Harvard law professor is warning that the U.S. attorney leading the investigation is in "clear violation" of the Department of Justice’s regulations.

"It's illegal. The regulation provides clearly that special counsel have to come from outside the government for good reason. What's so special about a special counsel is that he doesn't have to answer to the present administration, he's independent," Harvard University law professor emeritus Alan Dershowitz said on "Mornings with Maria" Monday.

"But if you have somebody who serves at the pleasure of the attorney general, and obviously as the U.S. attorney serves his pleasures [as] part of the administration, that person shouldn't be serving," he continued. "It's in clear violation of the regulation itself."

On Friday, U.S. Attorney General Merrick Garland appointed U.S. attorney David Weiss as special counsel in the Hunter Biden probe investigating the alleged Biden family business dealings. Weiss had also previously led the prosecution in Hunter Biden's tax and gun charges.

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Garland had said that Weiss had told him that "in his judgment, his investigation has reached a stage at which he should continue his work as a special counsel, and he asked to be appointed."

Before Weiss' move into the new role, congressional Republicans blasted his proposed plea agreement for Hunter Biden as a "sweetheart" deal, and critics alleged the Department of Justice is operating under a two-tier justice system — a charge that Garland has denied.

Dershowitz expressed his agreement with GOP critics who claim something isn’t quite right about the special counsel appointment.

"What I would have liked to find out is what David Weiss actually did, not what he was authorized to do. What did he actually investigate? Did he look into Burisma? Did he look into Ukraine, China, or did he merely satisfy himself by looking at the gun charge, which is a minor misdemeanor, and looking at the two tax charges?" Dershowitz posited. "I think it was the wrong person to pick for this job."

Prominent Republicans such as Sen. Ted Cruz, R-Texas, have called for special counsels to be opened on President Biden and his administration.

Though Dershowitz is a self-proclaimed Democrat who noted his intent to vote for Biden again in 2024, he did not contest an investigation into the president’s involvement with his son’s suspicious overseas transactions.

"I'm a Democrat," the professor said Monday, "I really do think a special counsel has to be appointed to investigate whether or not President Biden had any connections to his son's illicit dealings."

"I think there's, right now, enough cause from these whistleblowers and these other allegations to have somebody outside the government look to see whether or not President Biden had any connections to his son's shenanigans," Dershowitz added.

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"I hope not. I think not. But it's not my opinion that counts, it's the objective evidence that counts."

The Department of Justice did not immediately return Fox News Digital’s request for comment responding to Dershowitz’ violation claims.

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Fox News’ Houston Keene and Jessica Chasmar contributed to this report.