With the appointment of a special counsel at the Justice Department on Friday, the legal peril that former president Donald Trump confronts in two federal criminal investigations assumed a new tenor.
The probe into the secret government records carried to Trump’s Florida property at the conclusion of his administration will be led by Jack Smith, a former DOJ employee best known for his work in international war crimes investigations.
Also read: Who is Robert Mueller? Previous special counsel to probe Trump
Smith will also be in charge of the investigation into attempts to thwart the transfer of presidential authority after 2020, including any attempts to block Congress’ certification of the vote.
What you need to know about the disclosure and the investigations are as follows:
What Merrick Garland announced
The appointment of a special counsel for the investigations, both of which have involved Trump, who declared this week that he will run for president in 2024, was announced by the attorney general.
In the end, Smith will answer Merrick Garland, the attorney general. But because he is a special counsel, he won’t be under the daily control of the department’s political leadership, and he shouldn’t engage much with Biden’s political appointments.
Also read: Who is Jack Smith?
The appointment of the independent special counsel creates some separation between the Department’s political leadership, which President Joe Biden chose, and the developments in the Trump-related investigations. Reporters were informed by a DOJ official that Smith is listed as an independent.
“Such an appointment underscores the Department’s commitment to both independence and accountability in particularly sensitive matters. It also allows prosecutors and agents to continue their work expeditiously, and to make decisions indisputably guided only by the facts and the law,” Garland clarified.
Since only information pertaining to the inquiry’s budget must be provided to lawmakers, the appointment has the practical effect of restricting the information that must be given about the investigation to Congress.
The special counsel rules do permit Garland to terminate Smith’s employment. However, Garland must also inform Congress of any decision he makes that rejects a request from the special counsel, including any choices on charging.
Why a special counsel is appointed
Garland particularly referred to Trump’s earlier this week announced intention to run for the Republican nomination in 2024 as well as Biden’s statements that he too plans to seek reelection.
In order to prevent claims that the investigations into the previous president were politicised, department officials had been talking about appointing a special counsel.
Garland claimed on Friday that DOJ investigators had carried out their work “in the best traditions of the Department of Justice” and defended their efforts. The DOJ, however, “has long recognized that in certain extraordinary cases, it is in the public interest to appoint a special prosecutor to independently manage an investigation and prosecution,” he added.
Also read: Nancy Pelosi steps down as House Democratic leader: Here are potential leaders who can replace her
US law clearly states that an attorney general may appoint a leader for a politically sensitive investigation who is not an employee of the federal government.
Does this imply that Trump will face charges?
The appointment order is the most glaring indication yet that conduct connected to Trump is now the focus of the two investigations. That is not to imply that Trump will be charged or even that any of his close associates will be. But it does imply that the Mar-a-Lago investigation and that investigation will be more opaque. And a far longer leash will be attached to such probes.
The US Capitol riot itself has been the centre of the prosecutions in the January 6, 2021 investigation so far. However, there have been hints that federal investigators were examining other attempts to obstruct the transfer of power more generally, including those involving members of the former president’s close circle.
Also read: What Republicans winning the House means for the US
Jack Smith, the prosecutor
The newly appointed special counsel has experience working in law enforcement capacities both domestically and internationally, and Garland praised his record for demonstrating his reputation as “an impartial and determined prosecutor.”
Smith’s most recent position was as the chief prosecutor for a special court of The Hague looking into war crimes in Kosovo.
In the past, he has worked for the Justice Department as the chief of the Public Integrity Section, which looks into election fraud and public corruption, as well as a prosecutor in the US Attorney’s Office in Brooklyn. He also served as the senior prosecutor for the Middle District of Tennessee’s US Attorney’s Office, where he was promoted to acting US Attorney in early 2017. He worked in that position under the Trump administration for a while.
Also read: What is MAGAGA? Meaning of Donald Trump’s new campaign slogan
Power of the special counsel
Smith will be able to employ all of the investigative resources available to a US attorney, including the ability to subpoena witnesses. He will have his own budget and be able to assemble a team to assist him in his task. If he decides to file any charges, his team might also take the lead in those legal battles. His investigative effort must adhere to all rules, guidelines, and standards of the Justice Department.
In his statement, Garland promised to “ensure that the special counsel receives the resources to conduct this work quickly and completely.”
The two-year investigation by special counsel Robert Mueller into Trump-Russia relations ultimately cost close to $32 million, although that sum includes money Mueller borrowed from other divisions of the Justice Department that were not directly under his authority.
Also read: Mike Pence trolled for saying Congress has no right to his testimony on Jan 6 riots
Trump’s reaction
Trump declared on Friday that he “won’t partake” in the inquiry.
“I have been proven innocent for six years on everything – from fake impeachments to Mueller who found no collusion, and now I have to do it more?” Trump spoke to Fox News Online. “It is not acceptable. It is so unfair. It is so political.”
“I am not going to partake in it,” he continued. “I announce and then they appoint a special prosecutor.”
What it means for US Capitol rioters
Garland has appointed Smith to handle a portion of the January 6 investigation, but that portion has a broad reach.
Upon being appointed, he will have the power to look into “whether any person or entity violated the law in connection with efforts to interfere with the lawful transfer of power following the 2020 presidential election or the certification of the Electoral College vote held on or about January 6, 2021.”
Also read: Mary Trump appeals to overturn dismissal of her lawsuit alleging defraud by uncle Donald
The US Attorney’s Office in Washington, DC, will continue to handle the prosecutions involving those who physically entered the Capitol that day, according to Garland.
Investigation report
The 400-page report that was eventually made public after the Mueller probe was completed contained minor redactions. A special counsel is not required to deliver a thorough and publicly accessible report, though. The special counsel merely needs to give the attorney general a “confidential report explaining the prosecution or declination decisions reached by the special counsel,” according to the regulations.
On Friday, a reporter questioned Garland about whether or not a report might be made public. Garland remained silent.
Investigation deadline
The special counsel’s probe is not expected to be finished by any certain date. As a special prosecutor, Smith might even be more protected from political pressure to close the investigation. Critics of the current special counsel regulations claim that the system permits investigations to linger while growing in size.
Also read: Elon Musk: New Twitter policy is freedom of speech, but not freedom of reach
The Justice Department announced Smith’s appointment along with a statement in which he highlighted that he would not allow the investigations to slow down as a result of his appointment, “The pace of the investigations will not pause or flag under my watch. I will exercise independent judgement and will move the investigations forward expeditiously and thoroughly to whatever outcome the facts and the law dictate.”
