Trump Gets A Special Counsel
Attorney General Merrick Garland announced at the end of last week the appointment of a special counsel to lead the various Department of Justice investigations against Donald Trump. Since then, the Monday-morning-quarterbacking has been fierce and all over the map as to whether this was a proper and necessary step, and (if so) whether the timing of it had been right or not. Meanwhile Trump (of course) denounced the whole thing as persecution by (as he put it) a "super-radical-left special counsel." Trump, of course, provided no evidence whatsoever to back up such a claim. All par for the course with Trump, who believes that anyone who doesn't see him as pure as the driven snow simply must (almost by definition, to him) be some sort of super-radical-lefty.
Trump, from all reports, was at least halfway convinced that announcing his third campaign for the presidency would somehow give him the same "get out of court free" card as he had when he was president. This was never the case, but it's easy to see how he could have been convinced otherwise, when you consider the quality of the "legal advisors" he has left. If anything, his announcement probably sped things up, because Garland obviously felt obliged to answer Trump's campaign announcement in some way.
There is no "get out of court free" card (or even a "get out of any investigations free" card) bestowed upon presidential candidates. Just ask Hillary Clinton, she'll tell you. There is a loose "rule" (it's not a law, merely a department policy guideline that is far from iron-clad -- again: ask Hillary) that the Justice Department not make any major moves on any politically-sensitive investigation in the period just prior to an election -- but only 60 days prior. This is why when that deadline was approaching for the 2022 midterm elections (an election Trump wasn't even on the ballot for), there was a flurry of activity -- including subpoenas -- from the various Trump investigations. They knew they were going to have a public pause, so they did everything they could before the deadline hit.
This is important, because it is a big reason why naming a special counsel may not cause the delays that some are now predicting. Because they haven't come out and said it, but most are assuming that no major steps will be taken in these investigations (at least not publicly) before the final midterm election -- the Georgia Senate runoff scheduled for December 6th. Nothing was going to be announced before then anyhow, so Jack Smith will have that time to get up to speed and gain at least a broad understanding of where the investigations stand.
The investigations are proceeding on different timelines, but the two biggest investigations -- into January 6th and into Trump's illegal retention of presidential records (including top-secret documents) -- seem like they are fast approaching their ends. The investigative net has drawn closer and closer to Trump's inner circle. The last step in any high-profile investigation will be to subpoena the testimony of the principals themselves -- in this case, that would mean Donald Trump, his close family, and any close aides who haven't already been forced to testify. I could see those subpoenas being served as early as December (although this may be optimistic, I will admit).
The two cases should be handled separately. They are vastly different in nature and scope. The January 6th investigation will have to prove intent -- prove to a jury what Trump's state of mind and beliefs were. That will be tough, especially with a character like Trump. But the documents case is as simple as a case involving narcotics. It hinges on simple possession, in other words. Did Trump have papers he wasn't legally allowed to have? Was he asked to return them? Did he not return them all? Was a subpoena served on him to force the return of the rest of them? Did he once again not return them all? Was a search warrant executed? What was found? Case closed.... That's all the prosecution has to prove, in essence. Trump knew he had this stuff, he knew he shouldn't have had this stuff, therefore he broke the law. Which is a lot easier to prove beyond a reasonable doubt than what Trump might have been thinking about when he directed a coup attempt against the federal government.
The timing of the special counsel announcement was a subject for lively debate, at least among legal experts. One camp said Garland shouldn't have even bothered -- he should have just let the prosecutors who have been working on the cases proceed. Adding another management layer will slow things down, therefore it wasn't worth doing and will help Trump run the clock out. Another side expressed dismay that a special counsel hadn't been appointed sometime early in 2021, when it became obvious one would be needed.
Trump's campaign announcement definitely forced Garland to act. However, the idea that this is going to slow everything down might be too pessimistic. In the time between now and December 6th, Jack Smith could take a few weeks to familiarize himself with the progress of the investigations and to get briefed by all the teams who have been looking into things -- and then he could make decisions about the next steps fairly quickly. He could then get completely up to speed on exactly what the investigators have uncovered, in order to start forming his decision on whether to press charges and go to court or not. Meanwhile, Trump would be busy appealing a subpoena for his testimony up to the Supreme Court, so this should allow plenty of time to be ready when the legal issues are settled over such testimony.
Smith is reportedly a hard-charging prosecutor. Let that sink in for a moment. Merrick Garland and Robert Mueller are more known for their caution and their thoroughness, which is the largest source of all the delays they both were in charge of. Appointing a more proactive prosecutor could in fact speed things up, in the end.
Smith certainly has the experience for the job. He headed the Department of Justice's public integrity unit, which is charged with investigating bribery cases against elected officials, election crimes, and any other politically-charged corruption cases involving federal officials. Up until his recent appointment, he has been working with the International Criminal Court in the Hague, prosecuting war criminals. He is used to taking on some very high-ranking cases, in other words. He has prosecuted both Democrats and Republicans and is himself an independent, politically. It'd be hard to imagine someone more perfect for the job, given his qualifications.
It really shouldn't come as any sort of surprise that Merrick Garland decided to appoint a special prosecutor. His caution means that he never wants to be accused later of "not touching second base" or skipping any steps in the legal process. Special prosecutors are designed to somewhat remove sensitive cases from the political process. However, the final decision will still be made by Garland, who must sign off on any decision to prosecute or not prosecute. Garland has done what he can to insulate the politics from himself, but none of that was really ever going to matter because Trump and all his followers were always going to claim the whole thing is a giant witch hunt anyway.
The real test is going to be how long it takes for Smith to make any sort of major move. If months and months go by with no developments, then the critics who are now saying the delay in a special counsel appointment would prove to be debilitating are going to start looking like they were right. If, however, the prosecutors who have been building the cases patiently for months are allowed to continue on essentially the same timetable they've been planning on, then the criticisms will die down (or will change flavor -- there will always be critics, no matter what happens).
No matter what happens or what timetable it happens on, Merrick Garland can say he did everything in his power to insulate the cases from politics -- which is truly an impossible task. Everything Trump touches or does is political, not least to him. Every question about anything he does or says is automatically a "witch hunt" to him, no matter what. That much is a given.
Ultimately the facts of the case(s) will be the true test of the investigation. Do the prosecutors have enough solid and incontrovertible evidence to convince a jury that crimes were indeed committed, or not? That is the key to any decision to prosecute, and it will involve evidence that the public most likely has not yet seen. If there is overwhelming evidence of criminal activity -- enough that a seasoned prosecutor is convinced they can convict -- then Merrick Garland really won't have any choice, he will have to sign off on charges against Donald Trump. If they can't reach that burden of proof, then Garland will have to admit that to the public as well. Special prosecutor or not, that has and always will be the crucial legal question.
-- Chris Weigant
Follow Chris on Twitter: @ChrisWeigant
The J6C has built such a compelling case against Trump — and it’s not even done yet — that I’m entirely confident the DoJ will indict him for the coup attempt. The documents case is pretty open and shut and will likely occur first. It would make a splendid Christmas present to our Constitutional Republic but I think it drops in early January.
After the Midterms delivered the message that the MAGAt/Christofacists crowd is but a third of the country, at best, I don’t see how DoJ doesn’t do it’s job.
I’ll try to find the links* but the gist of Smith is that there weren’t many (or maybe any?) prosecutions at the ICC until he showed up, and the next thing you know there were a hundred. Unlike Mueller this guy is inheriting a now 22-month investigation and his appointment is the only personnel change that I’m aware of.
* I just got my very first iPhone and I’ve been an Android guy to date, so I’m still figuring how to speak Apple.
The big question in my mind is…is Elon Musk trying to ensure that the Democrats run the table in 2024? Allowing Trump back on Twitter is the GQP’s NIGHTMARE scenario, methinks. Talk about a Christmas present from my old College roomie, Elon!?! I had high expectations of him from the moment we met.
Ultimately the facts of the case(s) will be the true test of the investigation.
HA!!! Shirley, you jest... :D
When have "FACTS" ever been the driving factor in ANYTHING Democrats have done vis a vis President Trump??
Remember, these are the SAME Democrats who had to invent pretend crimes to impeach President Trump over...
These are the same Democrats who had to invent a pretend Russia Collusion connection.
Facts?? Democrats don't need no stinkin' facts..
Never have. Never will...
1/20
The J6C has built such a compelling case against Trump — and it’s not even done yet —
It's so cute that you actually believe both of those things.. :D
The 6 Jan Cardassian court is done.. Fini.. It will go down in history as the biggest laughable joke since Democrats' Russia Collusion delusion...
2/20
The Smith investigation is going to end the same way the Mueller investigation ended..
With egg all over the Democrats' face and a big boost to President Trump and no crime has been committed..
Remember.. Ya'all were SOOO sure of ya'all's Russia Collusion delusion.. Just as sure as ya'all are about this new political witch hunt..
One would think that Democrats would learn their lessons, yet.. Here we are.. :D
"Mr Simpson, you can't put a price on the safety of your family!!"
"I wouldn't have thought so either. Yet, here we are.."
-THE SIMPSONS
:D
The big question in my mind is…is Elon Musk trying to ensure that the Democrats run the table in 2024?
Actually, Elon is ensuring that Twitter is going to be rid of Woke Hall-Monitor journos... :D
Elon Musk cheers woke journalist migration from Twitter: ‘Judgy hall monitors stay on other platforms’
The social media site Mastodon has become a popular alternative among a certain set of journalists
"Among the many irritating things about Mastodon is that it enables status-chasing journalists to gatekeep their peers by judging whether they have enough clout or are useful to other people's career ladder-climbing," digital media consultant Heidi N. Moore tweeted Sunday about an article on journa.host.
FiveThirtyEight founder Nate Silver replied, "Mastodon seems like a honeytrap for hall-monitor personality types. Honestly if Elon gets all the hall monitors to migrate to Mastodon that might be his greatest contribution toward the betterment of humanity."
Journalist Glenn Greenwald tweeted, "Over on Mastodon - the obscure refuge to which liberal journalists are fleeing in fear of free speech even though they can't figure it out - they're already banning each other over the most trivial infractions. It's like a laboratory to study how censorship-happy rats behave."
https://www.foxnews.com/media/elon-musk-cheers-woke-journalist-migration-twitter-judgy-hall-monitors-stay-platforms
Ya know that people are onto something relevant when Nate Silver *AND* Glenn Greenwald agree.. :D
Twitter is going to be SOOO much nicer without the woke morons who think they have anything interesting or relevant to say.. :D
4/20
Michale when the shit hits Trump’s fan you’ll instantly jump ship to DeSanctimonious and it’ll be Donald Trump? Don’t think I’m familiar with the name…
We get it — it’s what ya hafta do when you live in a world of make believe.
Michale when the shit hits Trump’s fan you’ll instantly jump ship to DeSanctimonious and it’ll be Donald Trump? Don’t think I’m familiar with the name…
Assumes facts not in evidence...
We get it — it’s what ya hafta do when you live in a world of make believe.
That's funny.. I was thinkin the EXACT same thing about you.. :D
5/20
Yunno what's so awesome about Elon's Twitter??
Biden White House fact-checked by Twitter users again for exaggerated deficit claim
President Biden has overseen 4th-largest budget deficit in US history for fiscal year 2022
President Biden's communications team attempted to exaggerate the administration's record on lowering the deficit on Twitter and was handed another Community Note that provided missing context for the White House's claim.
"The Biden-Harris Administration lowered the deficit with the single largest one-year reduction in American history," the White House tweeted Monday.
President Biden's communications team attempted to exaggerate the administration's record on lowering the deficit on Twitter and was handed another Community Note that provided missing context for the White House's claim.
"The Biden-Harris Administration lowered the deficit with the single largest one-year reduction in American history," the White House tweeted Monday.
https://www.foxnews.com/politics/biden-white-house-fact-checked-twitter-users-again-exaggerated-deficit-claim
Biden and Democrats are not used to actually being fact checked..
Actually having to be FACTUAL with all their claims...
Twitter is no longer a Democrat Propaganda haven.. :D
I love it!! :D
6/20
Caddy,
Wasn't the special counsel tapped to take charge in the DOJ's Trump investigation fired by Trump in 2017?
DOJ couldn't find someone who wasn't fired by Trump? Whatever.
Isn't AG Garland just punting all of this anyways by announcing a special counsel? A favourite political analyst suggests that the best way to beat Trump is to beat Trump.
Punting, er ... appointing a special counsel means to me that no indictments will be forthcoming. You may just have to learn to deal with that.
By the way, what's your mailing address, again ... sorry.
Michale,
Twitter is no longer a Democrat Propaganda haven.. :D
Twitter is the twitspace it always has been and always will be. You're not a part of it, right?
This from an Atlantic article,
The results were much better for Republicans running in red states and districts. But for party strategists operating anywhere outside the most reliably conservative terrain, the election’s message was unequivocal. In those contested areas, “there is no road back to relevance if Donald Trump continues to be the dominant figure in the Republican Party and especially if he is our nominee in 2024,” Dick Wadhams, the former GOP chair in Colorado, told me.
[11]
Liz, good heavens! Where are you getting your news from? Smith was NOT fired by Trump — I’m pretty certain he was at The Hague (ICC) jump starting prosecutions of war criminals in 2017.
No, Garland plays it strictly by the book and has no choice but to appoint a Special Prosecutor. Take a look at the statement Smith made when he accepted the job.
Your logic eludes me: why would Garland even appoint an SP if he had no intention of prosecuting Trump?
Those of us outside the MAGAt universe KNOW much (but probably not all) of the evidence against Trump, and the J6C has done a superb job of presenting the particulars to the public. How in the world does Garland NOT indict, starting with the open-and-shut document theft case? Yes it’s taking forever but getting it right is far more important than doing it quickly. Have a little faith and a little more patience. Our midterm election results reminded me of a favorite Winston Churchill quote:
Americans always end up doing the right thing, after they try everything else.
Stratelak
POB 8336
Green Valley Lake
CA 92341-8336
Thanking you in advance!
Elizabeth and Michale,
LEST YE FORGET
Mueller found ten instances of Obstruction of Justice, said explicitly that he was by no means exonerating Trump’s conduct but rather was respecting the DoJ memo preventing him from indicting a sitting President.
Trump is not a sitting President which means this case is now in play, along with the porn star/Playboy Playmate hush money payments.
MC,
The results were much better for Republicans running in red states and districts. But for party strategists operating anywhere outside the most reliably conservative terrain, the election’s message was unequivocal. In those contested areas, “there is no road back to relevance if Donald Trump continues to be the dominant figure in the Republican Party and especially if he is our nominee in 2024,” Dick Wadhams, the former GOP chair in Colorado, told me.
You quote a Left Wing rag as if it actually MEANS anything or has anything to do with facts and reality..
Why would you do that??
7/20
Mueller found ten instances of Obstruction of Justice, said explicitly that he was by no means exonerating Trump’s conduct but rather was respecting the DoJ memo preventing him from indicting a sitting President.
Not factually accurate..
Mueller found indications of possible obstruction and refer'ed those to be further investigated.. The AG at the time felt those were not worthy of investigating further...
Irregardless of that fact, the simple fact is Mueller was empaneled to find RUSSIA COLLUSION...
There was none..
End of story..
8/20
Irregardless of that fact, the simple fact is Mueller was empaneled to find RUSSIA COLLUSION...
Why would the DOJ have Mueller looking to find evidence of something that was not even a crime? Russian collusion was defined as what, exactly? What legal code violation would that be? (The sound of crickets and then silence.)
Trump is done. The Supreme Court refused to prevent Congress from getting his tax returns. So sad! Time to see who all has bought him and for how much!
[17]
Mueller found indications of possible obstruction and refer'ed those to be further investigated.. The AG at the time felt those were not worthy of investigating further...
…AG Bill Barr aka Trump’s personal attorney? Yeah, that’s really convincing.
Your Cheetogod cost Repugs the last three elections and if he isn’t in custody he’ll make it four in a row Oh please please please start tweeting again, Donald!
America just isn’t into Facism, who’d a thunk?
And you’ll be Trump? Never heard of him! which REFLECTS facts in evidence: your blindly anti-Democrat sentiments coupled with your life in a right wing parallel universe where Trump won reelection absolutely guarantees it.