Emptywheel: the pluses/minuses of a Special Counsel

[Fiendish Thingy]

Marcy has mixed feelings, but as usual, provides a balanced analysis.

https://www.emptywheel.net/2022/11/18/merrick-garland-names-war-crimes-prosecutor-jack-smith-to-oversee-trump-investigations/

To my mind, the best part of appointing war crimes and public corruption prosecutor Jack Smith as Special Counsel to oversee the twin investigations into Donald Trump is that it will be a cinch, now, to subpoena Ginni Thomas.

Otherwise I have mixed feelings about the decision. I think the letter of DOJ guidelines requires it. But I don’t think it will change how much of a clusterfuck Trump makes of it.

It does have certain other advantages, other than making it easier to subpoena Ginni. It might even make it easy to subpoena Mike Pence.

First, this will make it very easy to refuse Jim Jordan’s demands for information about the investigation.

It will ensure the continuity of any prosecution after 2025, no matter who is elected (neither hypothetical Trump prosecution — the stolen documents or the coup attempt — would be done by then, even if it were indicted on December 15, the earliest possible day for either).

I don’t think this will create much of a delay. The stolen documents case, which is the first that could be prosecuted (assuming the 11th Circuit overturns Judge Aileen Cannon’s special master order) is fairly self-contained, so would only take a day to be briefed into. The coup attempt is far, far more complex, but I think there was no way Trump himself would be indicted before February or March anyway, probably longer.
(Snip)
Mostly, I think this is an “Eh” decision. It doesn’t change Garland’s role in the process. I don’t think it delays things. I think it carries certain ad advantages, two of those named Ginni and Jim.

[GenXer47]

1. if they bring down Ginni

I will forego the tonic water!

[intrepidity]

2. How? How, exactly, does it make it easier to subpoena them?

Wasn't it already easy enough? Failure to comply is the issue.

Also, doesn't SC still only refer prosecution to DOJ? So it def does matter who is prez in 24.

[Fiendish Thingy]

3. It depends on how the SC orders are drafted

Marcy thinks it protects the prosecution of Trump from meddling, just as Durham’s prosecutions were protected (although in the end it was only one defendant for one charge).

From my reading Smith’s appointment is more comparable to Durham than to Meuller.

[republianmushroom]

4. I like it

[hlthe2b]

5. I appreciate her analysis. n/t

[mcar]

6. Marcy's analysis is usually spot on

I will take her word on this.

[crickets]

7. My favorite sentence in the entire piece:

First, this will make it very easy to refuse Jim Jordan’s demands for information about the investigation.

On reading that, I immediately heard a little oompah band start playing a triumphant tune in my head.