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DOJ names special counsel for Trump investigations

Attorney General Merrick Garland appointed prosecutor Jack Smith as special counsel in the Justice Department鈥檚 two-part investigation of Donald Trump. Mr. Garland said that Mr. Trump and Mr. Biden likely running for president again influenced his decision.

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Charles Dharapak/AP
Jack Smith, then the Department of Justice's chief of the Public Integrity Section, stands outside in Washington, on Aug. 24, 2010. Attorney General Merrick Garland named Mr. Smith a special counsel on Nov. 18 2022, to oversee the investigation of Donald Trump.

Attorney General Merrick Garland named a special counsel on Friday to oversee the Justice Department鈥檚 investigation into the presence of classified documents at former President Donald Trump鈥檚 Florida estate as well as key aspects of a separate probe involving the Jan. 6, 2021, insurrection and efforts to undo the 2020 election.

The move, announced just three days after Mr. Trump formally launched 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.

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

鈥淭he Department of Justice has long recognized that in certain extraordinary cases, it is in the public鈥檚 interest to appoint a special prosecutor to independently manage an investigation and prosecution,鈥 Mr. Garland said from the Justice Department鈥檚 podium. 鈥淏ased on recent developments, including the former president鈥檚 announcement that he is a candidate for president in the next election and the sitting president鈥檚 stated intention to be a candidate as well, I have concluded that it is in the public interest to appoint a special counsel.鈥

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

Mr. Smith, a veteran prosecutor who led the Justice Department鈥檚 public integrity section in Washington and who later served as the acting chief federal prosecutor in Nashville, Tennessee, during the Obama administration, is set to begin his work 鈥渋mmediately,鈥 Mr. Garland said. Mr. Smith has also been the chief prosecutor for the special court in the Hague that is tasked with investigating international war crimes.

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

鈥淭hroughout 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,鈥 Mr. Garland said. 鈥淎s special counsel, he will exercise independent prosecutorial judgment to decide whether charges should be brought.鈥

鈥淭he extraordinary circumstances here demand it,鈥 Mr. Garland said of the appointment.

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

Mr. Garland said he would ensure the special counsel receives the resources to do the work 鈥渜uickly and completely.鈥

Representatives for Mr. Trump did not immediately return messages seeking comment, and Mr. Biden ignored questions shouted by reporters about the appointment.

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

And 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 Justice Department named former FBI Director Robert Mueller as special counsel to lead the investigation into potential coordination between Russia and the Trump 2016 presidential campaign.

This story was reported by The Associated Press. AP writers聽Jill Colvin, Colleen Long, Zeke Miller, and Nomaan Merchant contributed to this report.

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