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Attorney General Garland names special counsel Jack Smith

U.S. Attorney General announces appointment of Special Counsel for 'Mar-a-Lago Case' and aspects of Jan. 6 investigation

U.S. Attorney General Merrick Garland on Friday named former federal prosecutor Jack Smith as special counsel for two pending criminal investigations by the Department of Justice of former President Donald Trump.

Smith’s appointment came three days after Trump, a Republican, announced plans to run for president in 2024.

Trump’s move directly led to Garland’s decison to appoint a special counsel, who will recommend whether criminal charges should be lodged against the ex-president.

One investigation that Smith will handle is currently looking into whether any person, including Trump, unlawfully interferred with the transfer of presidential power following the 2020 election, or the certification of the Electoral College vote in President Joe Biden’s favor on Jan. 6, 2021. That day, a mob of Trump supporters invaded the U.S. Capitol, disrupting the certification of the Electoral College vote.

The other DOJ probe is focused on whether Trump broke the law and obstructed justice in connection with his removal of hundreds of documents from the White House, which were shipped to his residence at Mar-a-Lago club in Palm Beach, Florida.

In addition to previously serving as a career DOJ prosector, Smith most recently was serving as chief prosecutor for the special court in the Hague, in the Netherlands. In that post, which he resigned to take the special counsel post, he investigated war crimes in Kosovo.

Garland revealed the appointment during a public statement from the DOJ.

U.S. Attorney General Merrick Garland announces that he is appointing Jack Smith as a special counsel for the investigations of former President Donald Trump, while speaking to the news media in the briefing room of the U.S. Justice Department in Washington, November 18, 2022.

Evelyn Hockstein | Reuters

“It is in the public interest to appoint a special prosecutor to independently manage an investigation and prosecution based on recent developments including the former president’s announcement that he is a candidate for president in the next election and the sitting presidents stated intention to be a candidate as well,” Garland said.

The attorney general said that he was “confident” that the appointment “will not slow the completion of these investigations.”

“I will ensure that the Special Counsel receives the resources to conduct this work quickly and completely,” Garland said.

A campaign spokesman for Trump, in a statement said, “This is a totally expected political stunt by a feckless, politicized, weaponized Biden Department of Justice.”

Garland’s appointment of a special counsel could tamp down concerns that he would have a conflict of interest if he were the one to decide whether Trump should be proecuted. The attorney general was appointed by Biden, a Democrat who defeated Trump in his 2020 re-election bid.

Biden could again face Trump again in the 2024 election.

Former U.S. President Donald Trump claps as he announces that he will once again run for U.S. president in the 2024 U.S. presidential election during an event at his Mar-a-Lago estate in Palm Beach, Florida, November 15, 2022.

Jonathan Ernst | Reuters

A White House official told NBC News on Friday, “DOJ makes decisions about its criminal investigations independently, and we are not involved, so I would refer you to DOJ for any questions on this.” 

Barbara McQuade, an NBC News legal analyst and former federal prosecutor, in a Time magazine article on Thursday argued against the idea of a special counsel being appointed in the Trump probes, saying it could potentially delay prosecution so long that he would avoid being held accountable for potential crimes.

“Practical consideration also militate against appointing a special counsel: time,” McQuade wrote.

“Appointing a new lawyer to take over the investigation will create delay. A new lawyer would need to hire his own staff, all of whom would need time to get up to speed,” she wrote.

“If Trump is seeking to regain the Oval Office, then DOJ must complete not only the investigations, but the trials before Jan. 20, 2025. That’s when a newly sworn in President Trump could take the ultimate act of partisanship in prosecution — and pardon himself.”

This is breaking news. Please check back for updates.

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