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The Lawfare Podcast
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Do You Affect a Special Counsel?
In the Trump case, he appointed Mr. Herr as special counsel only after a Justice Department internal initial inquiry had determined that the matter required further investigation. And so I think you can expect him to respect both of the two precedents that he set. That is, he will only go forward with the appointment of a special counsel if two conditions are met. First, if the Justice Department in an initial inquiry finds that further investigation is warranted. Second, if Pence is a declared candidate for president,. because we know that Garland was willing to have the Justice Department investigate Trump without a special counsel until he became a declared candidate. So I think Pence may, for either of those reasons, at least
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