Find out what the special counsel that conducts the investigations into Trump is

The legal challenge that former President Donald Trump faces in two federal criminal investigations gained a new chapter on Friday (18) with the appointment of a special prosecutor by the Department of Justice.

Jack Smith, a former Justice Department member known for his work on international war crimes trials, will take over the investigation into sensitive government documents brought to Trump’s Florida home as soon as he left office.

Smith will also oversee aspects of the investigation into efforts to obstruct the transition of presidential power after 2020, including proposals to interfere with congressional certification of the election.

Learn more about the appointment and investigations.

What did Merrick Garland announce?

The US attorney general has revealed the appointment of a special prosecutor to investigate Trump, who announced this week that he will run for the White House in 2024.

Smith will ultimately report to Attorney General Merrick Garland. But as part of a special council, he will be operating outside the day-to-day oversight of the department’s political leadership. Furthermore, his interactions with Biden’s political appointees should be limited.

The independent special counsel puts some distance between the political leadership of the Department of Justice (DOJ) – which was appointed by President Joe Biden – and what is happening in Trump-related investigations. On the political spectrum, Smith registers as an independent, a DOJ official told reporters.

“The appointment underscores the Department’s commitment to independence and accountability in particularly sensitive matters,” said Garland. “It also allows prosecutors and agents to get on with their work quickly and make decisions arguably guided only by the facts and the law.”

The appointment has the practical effect of limiting the information about the investigation that must be released to Congress, as only details about its budget must be shared with lawmakers.

Special council regulations allow Garland to dismiss Smith. But any decision the attorney general makes to reject a special counsel request, including collection decisions, must also be communicated to Congress.

Why a special board?

Garland mentioned Trump’s announcement earlier this week that he will seek the 2024 GOP nomination, as well as Biden’s assertions that he, too, intends to run for re-election.

According to an exclusive CNN report earlier this month, DOJ members had discussed appointing a special counsel on the cases implicating the former president as a way to guard against accusations of politicizing the case.

Garland defended the work of DOJ officials who worked on the investigations and said on Friday that they had conducted “their work in the best traditions of the Department of Justice.” But the DOJ “has long recognized that, in certain extraordinary cases, it is in the public interest to appoint a special prosecutor to independently manage an investigation and prosecution.”

An attorney general’s ability to bring in someone from outside the federal government to lead a politically sensitive investigation is provided for in US law.

Does this mean Trump will be indicted?

The order of appointment is the clearest sign that work on the two investigations is closing in on Trump. That doesn’t mean the former president will be indicted, or even that his close aides will face charges. But yes, there will be more slowdown in this investigation and in that of Mar-a-Lago. These are investigations that already take place over a long period of time.

So far, the lawsuits in the January 6, 2021 investigation have focused on the U.S. Capitol turmoil itself. However, behind the scenes, there were indications that federal investigators were researching other strategies of interference in the transition of power – including schemes involving the former president’s inner circles.

Who is Jack Smith?

The newly appointed special prosecutor has worked in legal positions across the country and abroad, with a career that Garland said showcased his reputation as “an impartial and determined prosecutor”.

Smith’s most recent job was as the attorney general investigating war crimes in Kosovo for a special court in The Hague.

His previous work for the Department of Justice includes serving as a prosecutor with the Brooklyn Attorney’s Office, as well as heading the Public Integrity Section, which investigates election crimes and public corruption. He also served as Attorney General in the Tennessee District Attorney’s Office, where he was elevated to Acting US Attorney in early 2017. It was there that he served several months under the Trump administration.

What power does a special council have?

Smith will have at his disposal all the investigative tools a US attorney can use, including the power of subpoena. He will have his own budget and can build a support team. If he chooses to press charges, his team can also lead these court cases. Investigative work must comply with all Department of Justice regulations, procedures, and policies.

Garland said he “will ensure that the special council is given the resources to carry out this work quickly and fully.”

Special Counsel Robert Mueller’s two-year investigation into ties between Trump and Russia cost nearly $32 million. However, that total includes what Mueller asked from other parts of the Justice Department that were not under his direct control.

What was Trump’s reaction?

Trump said on Friday that he “will not participate” in the investigation.

“I’ve been found not guilty for six years on everything – from false impeachments to Mueller, who found no collusion, and now I have to do more?” Trump told Fox News Digital. “It is not acceptable. It’s so unfair. It’s so political.”

He continued, “I will not participate in this… I announce [a intenção de candidatura] and then they appoint a special attorney.”

What does Smith’s nomination mean for the US Capitol invaders?
Garland is appointing Smith to oversee parts of the January 6 investigation (the day of the Capitol invasion), but the scope of those parts is wide.

The appointment outlines its authority to investigate “whether any person or entity has violated the law in connection with efforts to interfere with the legal transition of power following the 2020 presidential election or the certification of the Electoral College vote taken on or about January 6.” of 2021”.

Prosecutions involving those who physically violated the Capitol that day will remain with the US Attorney’s Office in Washington.

Will there be a report?

Mueller’s investigation culminated in a 400-page report that was released to the public with some sensitive parts covered up. However, the special prosecutor is not required to produce a report to be disclosed to the public. The law only requires him to provide the attorney general with a “confidential report explaining the prosecution or denial decisions made by the special prosecutor.”

On Friday, Garland did not respond to a reporter’s question about the possibility of a report being released.

Is there a deadline for the investigation?

There is no set timeframe for the special counsel to complete its investigation. As a special adviser, Smith may be more insulated from political pressure to close the investigation. Critics of the current rules for special counsels complain that the regime allows investigations to drag on as they align with scope.

In a statement released by the Department of Justice with his announcement, Smith stressed that he will not let his appointment slow down the speed of investigations: “The pace of investigations will not slow down. I will exercise independent judgment and pursue investigations promptly and thoroughly to generate whatever outcome the facts and law dictate.”

Evan Perez, Katelyn Polantz, Hannah Rabinowitz, Kaitlan Collins and Ariane from Vogue contributed to this story.