The Daily Beans Refried Beans | Special Counsel 2.0 | 11/21/2022
Nov 23, 2025
Andrew Weissmann, a former federal prosecutor and author of "Where Law Ends," dives into critical legal discussions surrounding Jack Smith's appointment as special counsel. They explore the differences between Smith's approach and Mueller's, emphasizing the urgency of recent investigations. Weissmann also sheds light on the implications of subpoenas related to Trump and the challenges of prosecuting theft of government property. Listeners gain insight into how historical DOJ precedents influence decision-making in high-profile cases.
AI Snips
Chapters
Books
Transcript
Episode notes
Why Special Counsel Matters
- Special counsel status gives prosecutorial powers, toothy grand jury subpoenas, and institutional independence.
- Allison Gill and Andrew Weissmann emphasize transparency and speed as core benefits of appointing Jack Smith.
No OLC Shield For Charging Candidates
- Unlike Mueller's limits, Jack Smith can indict a former president and a candidate because the OLC memo restriction no longer applies.
- Weissmann notes there is no OLC bar to charging a non-sitting president or a candidate.
Experience And Existing Work Speed Things Up
- Jack Smith benefits from prior work (DOJ, grand juries, January 6 committee) and won't need to assemble an entirely new team.
- Weissmann stresses Smith's low profile and practical experience as advantages for speedy prosecutions.
