High level officials within the Justice Department are in “ongoing discussions” on whether to appoint a special counsel to take over the investigation into Hunter Biden, with some believing it is “warranted,” two sources familiar told Fox News Wednesday.

Attorney General Bill Barr, who resigned from his post last week and had his last day at the Justice Department Wednesday, said earlier this week that he had “not seen a reason” to appoint a special counsel to probe President-elect Joe Biden’s son, who is under federal investigation for his “tax affairs.”


But one source familiar told Fox News on Wednesday that it is an “open discussion.”

“It is an ongoing discussion,” the source told Fox News. “No decisions have been made either way.”

Another source told Fox News that some high level DOJ officials believe a special counsel is “warranted,” and cited the special counsel statute.

“It was passed to deal with a potential conflict of interest of the attorney general or the president of the United States,” the source told Fox News. “A president-elect coming in, where his appointed attorneys will be investigating his son? That’s textbook conflict.”

President-elect Joe Biden was asked during a press conference Tuesday whether the issue of the federal investigation into Hunter has come up with his team and with attorney general candidates.

“No, no. I guarantee you I’m going to do what I said,” Biden responded. “The attorney general of the United States of America is not the president’s lawyer. I will appoint someone I expect to enforce the law as the law is written, not guided by me.”

And his incoming White House Press Secretary Jen Psaki said this week that Biden “will not be discussing an investigation of his son with any attorney general candidates.”

“He will not be discussing it with anyone he is considering for the role and he will not be discussing it with a future attorney general,” Psaki told Fox News. “It will be up to the purview of a future attorney general in his administration to determine how to handle any investigation.”

The discussions within the Justice Department come as Barr steps down, and as acting Attorney General Jeffrey Rosen takes the helm.