On Friday, Merrick Garland announced a second special counsel tasked with determining whether Donald Trump committed criminal misconduct. Ankush Khardori writes on what Jack Smith's appointment does and doesn’t mean — and what to expect next
from former Justice Department officials who argued that it was not necessary to appoint a special counsel and that doing so might be counterproductive, most notably by slowing the progress of the investigations. In fact, I suspect that the appointment was just as much a concession to the calendar than anything else.
Even if Trump somehow were in a federal penitentiary by November 2024, he would almost certainly be released and return to the White House if he wins the general election. As for the legal mechanics to effectuate this, Trump could fire the special counsel,who would dismiss the case against him and terminate any ongoing investigations, pardon himself, or all of the above.
Given the reality of how a prosecution of Trump might actually unfold, Garland’s appointment of Smith seems designed to create an apparatus for a Trump prosecution that could last into a second Biden term if he wins, and to allow that person to remain in charge if Garland — who just turned 70 — steps down as attorney general at some point.
Ideally, if we are going to have the first-ever federal prosecution of a former president, we would get one indictment in one jurisdiction at one time that addresses all of it, or something as close to that as possible, both conceptually and temporally.
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