Justice Department officials have discussed whether the need for a special counsel to oversee two extensive federal investigations relating to the former president would arise if Donald Trump decides to run for president again after the midterm elections, CNN reported citing sources.
In order to be prepared for any decisions made after the midterm elections, including the potential historic action of indicting a former president, the Justice Department is also bolstering its investigations with seasoned prosecutors.
The Justice Department has adhered to the customary quiet period in which no overt actions that could have political repercussions are taken. However, behind the scenes, detectives have been working hard to coerce testimony from witnesses in both the probe into Trump’s alleged mishandling of national security documents housed at his Palm Beach property and his efforts to rig the 2020 election.
Federal investigators are currently preparing for a spike in activity in Trump-related probes following the election. This includes the potential for charges against Trump’s associates, which might become more challenging if Trump decides to run for president.
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One defence lawyer working on January 6-related cases stated, “They can crank up charges on almost anybody if they wanted to,” adding defence lawyers “have no idea” who will ultimately be charged.
“This is the scary thing,” the lawyer added.
In Georgia, where Fulton County District Attorney Fani Willis is looking into Trump’s attempts to rig the 2020 election in the Peach State and anticipates wrapping up her investigation by the end of the year, he and his associates could potentially face legal repercussions.
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An active presidential candidate being indicted would undoubtedly set off a political avalanche. In addition, although no decision has been made regarding the potential need for a special counsel, DOJ officials have discussed whether doing so could shield the Justice Department from claims that Joe Biden’s administration is pursuing his main political rival, according to people familiar with the situation cited by CNN.
Political attacks on special counsels are, of course, hardly unheard of. Special counsel John Durham‘s investigation into the beginnings of the FBI’s Russia investigations and previous special counsel Robert Mueller’s investigation into Russian interference both drew harsh criticism from their adversaries.