Emergency Edition: Another Special Counsel Investigation of Donald Trump
The Lawfare Podcast
Is There a Conflict of Interest in the Special Counsel's Appointment?
In both his announcement, Merrick Garland seemed to make quite clear that the reason for the appointment was because it was in the public interest. Do you think ultimately that Merrick Garland had much of a choice, practically speaking, in appointing a Special Counsel once Trump announced his reelection bid? Yeah, so it's a complicated question. And I guess as a functional matter, he had a choice in the sense that there's no enforcement mechanism for this reg. But when you read the relevant reg, it is pretty hard to escape the idea that that would be a lawless thing to do.
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