AG Merrick Garland appoints special counsel to oversee Trump criminal investigations
Attorney General Merrick Garland tapped longtime federal prosecutor Jack Smith as special counsel to oversee a multi-pronged investigation into former President Donald Trump's efforts to subvert the 2020 election and the unauthorized transfer of highly classified government documents to his Florida estate after exiting the White House.
A former top Justice Department official, Smith has served as chief of the department’s Public Integrity Section, and as investigations coordinator in the Office of the Prosecutor at the International Criminal Court in the Hague, Netherlands.
Garland's appointment is an attempt to shield the Justice Department from conflicts of interest in an unprecedented criminal investigation after Trump recently announced a bid to retake the White House now occupied by Garland's boss, President Joe Biden.
White House Press Secretary Karine Jean-Pierre said Biden received no advance notice of the decision.
The attorney general cited Trump's campaign announcement earlier this week and Biden's stated intention to seek reelection in taking the extraordinary step.
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“Based on recent developments, including the former President’s announcement that he is a candidate for President in the next election, and the sitting President’s stated intention to be a candidate as well, I have concluded that it is in the public interest to appoint a special counsel,” Garland said, adding that the appointment underscores a "commitment to both independence and accountability in particularly sensitive matters.
"The extraordinary circumstances presented here demand it," Garland said during a brief announcement at the Justice Department. "Mr. Smith is the right choice to complete these matters in an even-handed and urgent manner.”
Jack Smith: Pace of Trump investigations 'will not pause'
In a written statement, Smith pledged to proceed quickly and carefully.
"The pace of the investigations will not pause or flag under my watch," Smith said. "I will exercise independent judgement and will move the investigations forward expeditiously and thoroughly to whatever outcome the facts and the law dictate.”
Trump responds to special counsel appointment
The Trump campaign, which has sought to cast the former president as a victim, returned to that theme Friday.
"This is a totally expected political stunt by a feckless, politicized, weaponized Biden Department of Justice," the campaign said.
During his announcement Tuesday, Trump referred to the multiple pending investigations, including separate inquires by state authorities in Georgia and New New York.
"I'm a victim, I will tell you," Trump told a gathering at his Mar-a-Lago estate. "I'm a victim."
The action immediately recalled the Trump Justice Department's decision more than three years ago to appoint former FBI Director Robert Mueller to lead an investigation into Russia's interference in the 2016 vote to assist the Trump campaign.
That inquiry, which ran about two years and resulted in the prosecution of several Trump aides, did not find evidence that the campaign conspired with Russia's efforts to sway the election. And while Mueller did not reach a conclusion on whether Trump had obstructed the investigation, then-Attorney General William Barr concluded that the president's conduct did not constitute a crime.
Special counsel law says Merrick Garland would keep some oversight
Under provisions of the special counsel statute, Garland – like Barr –would maintain some oversight authority in the investigation. But any decision to overrule the appointed counsel requires notification to the chairs of the House and Senate Judiciary committees.
The special counsel essentially serves as another arm of the Justice Department, though the defined work is directly supervised by the appointed counsel as an extra guard against the perception of political influence.
“As special counsel, (Smith) will exercise independent prosecutorial judgment to decide whether charges should be brought," Garland said. "Although the special counsel will not be subject to the day-to-day supervision of any official of the Department, he must comply with the regulations, procedures, and policies of the department.
"I will ensure that the special counsel receives the resources to conduct this work quickly and completely. Given the work done to date and Mr. Smith’s prosecutorial experience, I am confident that this appointment will not slow the completion of these investigations."
DOJ pursuing multiple areas of investigation
The Justice Department has been pursuing multiple avenues of inquiry: from efforts to subvert the 2020 election and summoning the mob in the deadly assault on the U.S. Capitol last year to Trump’s handling of highly classified documents that prompted an unprecedented August search of a former president property to recover a tranche of sensitive government records.
More: Trump served subpoena at Mar-a-Lago home 2 months before FBI search
Federal prosecutors have been most explicit about the possible criminal consequences in the documents’ investigation, indicating that authorities are weighing possible violations of the Espionage Act and obstruction of justice.
The work on the investigations so far, including the search of Trump's estate, ensures that Smith is not starting from scratch.
Garland made reference to maintaining the pace of the inquires in his statement.
He said Smith's appointment "allows prosecutors and agents to continue their work expeditiously, and to make decisions indisputably guided only by the facts and the law.”
"The men and women who are pursuing these investigations are conducting themselves in accordance with the highest standards of professionalism," Garland said. "I could not be prouder of them. I strongly believe that the normal processes of this Department can handle all investigations with integrity."
Smith won't oversee prosecution of Jan. 6 rioters
While Smith's portfolio is prodigious, it will not include the wave of prosecutions that have targeted hundreds of rioters who led the Jan. 6, 2021 assault on the Capitol.
"Those investigations and prosecutions will remain under the authority of the U.S. Attorney for the District of Columbia," Garland said.
Contributing: David Jackson and Joey Garrison
This article originally appeared on USA TODAY: Trump special counsel appointed: Jack Smith to oversee investigations
