Attorney General Merrick Garland names special counsel to lead former President Donald Trump-related probes

Announcement comes 3 days after Trump announces 2024 candidacy
Merrick Garland announces special counsel into Trump probes, Nov. 18, 2022
Posted at 2:02 PM, Nov 18, 2022
and last updated 2022-11-18 17:43:58-05

WASHINGTON — Attorney General Merrick Garland named a special counsel on Friday to oversee the Department of Justice's investigation into the presence of classified documents at former President Donald Trump's Mar-a-Lago estate, as well as key aspects of a separate probe involving the Jan. 6 insurrection and efforts to undo the 2020 election.

The move, which is being announced just three days after Trump announced his 2024 candidacy, is a recognition of the unmistakable political implications of two investigations that involve not only a former president but also a current White House hopeful.

Garland said Friday that Trump's announcement of his presidential candidacy and President Joe Biden’s likely 2024 run were factors in his decision to appoint Jack Smith, a veteran prosecutor, to be the special counsel. Garland said the appointment would allow prosecutors to continue their work "indisputably guided" only by the facts and the law.

"The Department of Justice has long recognized that in certain extraordinary cases, it is in the public's interest to appoint a special prosecutor to independently manage an investigation and prosecution," Garland said from the Department of Justice's podium. "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."

Jack Smith appointed special counsel into Trump-related probes
Jack Smith, then the Department of Justice's chief of the public integrity section, poses for a photograph at the Department of Justice on Aug. 24, 2010, in Washington. Attorney General Merrick Garland named Smith a special counsel to oversee the investigation into the presence of classified documents at former President Donald Trump's Florida estate, as well as key aspects of a separate probe involving the Jan. 6, 2021, insurrection and efforts to undo the 2020 election.

Though the appointment installs a new supervisor atop the probes — both of which are expected to accelerate now that the midterm elections are complete — the special counsel will still report to Garland, who has ultimate say of whether to bring charges.

Smith, a veteran prosecutor who led the department's public integrity section in Washington and who later served as the acting chief federal prosecutor in Nashville, Tennessee, during President Barack Obama's administration, is set to begin his work "immediately," Garland said. Smith has also been the chief prosecutor for the special court in the Hague that is tasked with investigating international war crimes.

The Department of Justice described Smith as a registered independent, an effort to blunt any attack of perceived political bias. Trump is a Republican, and Biden is a Democrat.

"Throughout his career, Jack Smith has built a reputation as an impartial and determined prosecutor who leads teams with energy and focus to follow the facts wherever they lead," Garland said. "As special counsel, he will exercise independent prosecutorial judgment to decide whether charges should be brought."

"The extraordinary circumstances here demand it," Garland said of the appointment.

In a statement released by the Department of Justice, Smith said he intended to do his work independently and "in the best traditions of the Department of Justice."

"The pace of the investigations will not pause or flag under my watch," he vowed.

A Trump spokesperson responded to the appointment by calling it "a totally expected political stunt by a feckless, politicized, weaponized Biden Department of Justice."

The special counsel's probe will combine the investigation into "whether any person or entity unlawfully interfered with the transfer of power following the 2020 presidential election" and the investigation into the classified documents at Trump's Mar-a-Lago estate in Palm Beach, Florida.

Classified documents removed from Donald Trump's Mar-a-Lago estate
This image contained in a court filing by the Department of Justice on Aug. 30, 2022, and redacted by in part by the FBI, shows a photo of documents seized during the Aug. 8 search by the FBI of former President Donald Trump's Mar-a-Lago estate in Palm Beach, Florida.

Garland said he would ensure the special counsel receives the resources to do the work "quickly and completely."

The decision to appoint a special counsel may still raise questions with members of Congress. Garland has spoken repeatedly of his singular focus on the facts, the evidence and the law in the department's decision-making and of his determination to restore political independence to the agency following the tumultuous years of the Trump administration.

There does not seem to be an obvious conflict like the one that prompted the last appointment of a special counsel to handle Trump-related investigations. The Trump Department of Justice named former FBI Director Robert Mueller as special counsel to lead the investigation into potential coordination between Russia and the Trump 2016 presidential campaign.