The Lawfare Podcast

Emergency Edition: Another Special Counsel Investigation of Donald Trump

Nov 19, 2022

52:04

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Highlights

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Episode notes

I Think It Almost Certainly Includes the False Elector Plots

02:10

Biden's Decision Is Consequential, and I Think It's Regrettable

01:42

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03:36

Introduction

2min

Attorney General Garland Appoints Special Counsel Jack Smith

2min

The Justice Department Appoints a Special Counsel to Oversea the Investigations Into President Donald Trump

2min

What Do You Take Away From This?

2min

I Think It Almost Certainly Includes the False Elector Plots

2min

Do Special Prosecutors Really Need Special Counsel?

2min

John Smith, Special Counsel of the US Department of Justice

2min

What's the Relationship Between the Attorney General and the Special Counsel?

3min

Do You Think the Attorney General Is the One to Pull the Trigger on an Indictment?

3min

10.

The Special Counsel Mueller, Rod Rosenstein, and the White House

2min

11.

Is the Mueller Report Written Under Bill Barr's or Jeff Sessions's Justice Department?

3min

12.

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4min

13.

Is There a Conflict of Interest in the Special Counsel's Appointment?

4min

14.

I Suspect It Is a Very Painful Decision for Garland

2min

15.

Is There a Need for a Special Counsel?

2min

16.

Do You Think the Special Counsel Is Going to Help DOJ?

3min

17.

Do You Think Mueller's Appointment Will Derail the Investigation?

4min

18.

Is Mr. Smith Really Being Brought on to Make the Prosecutorial Decisions?

2min

19.

Is the Special Counsel's Report to the Attorney General a Recommendation?

2min

20.

Do You Think the Appointment of the Special Counsel Will Change the Prosecution Decision?

2min

21.

The Special Counsel's All the Way Down, You Might Say?

2min

22.

Biden's Decision Is Consequential, and I Think It's Regrettable

2min

23.

Do You Think Attorney General Garland Is the Right Person for the Job?

2min

24.

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4min

Earlier today, in a surprise announcement, Attorney General Merrick Garland appointed a special counsel to lead two ongoing federal investigations of former president and now official 2024 presidential candidate Donald Trump. The special counsel, Jack Smith, is a longtime DOJ prosecutor and currently the chief Kosovo war crimes prosecutor in The Hague. He will take over the investigation into the retention of classified and government documents at Mar-a-lago, as well as the investigation into attempts to interfere with the lawful transfer of power after the 2020 election.

To make sense of the special counsel appointment and what it means for the federal investigations into Donald Trump, Lawfare senior editor Alan Rozenshtein spoke with Lawfare editor-in-chief Ben Wittes, Lawfare senior editor Quinta Jurecic, and former FBI agent Peter Strzok, who worked on Special Counsel Robert Mueller's investigation into foreign election interference in the 2016 election.

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