DOJ Chief Merrick Garland Names Special Counsel in Trump-Related Mar-a-Lago, Jan. 6 Investigations
(Photo : Photo by Anna Moneymaker/Getty Images)
The chief of the Department of Justice, Merrick Garland, assigned Jack Smith as the special counsel to oversee investigations of former President Donald Trump, including the Mar-a-Lago and Jan. 6, 2021, probes.

The Department of Justice (DOJ) chief, Attorney-General Merrick Garland, on Friday named a special counsel to be responsible for investigations involving former President Donald Trump, including the Mar-a-Lago and Jan. 6 probes.

Garland appointed the former head of the DOJ's public integrity section, Jack Smith, to oversee the investigations into the Republican businessman's retention of sensitive government documents. He will also be responsible for key aspects of a separate inquiry into Trump's actions before the unprecedented Jan. 6, 2021, Capitol Hill riot.

Special Counsel for Trump Investigations

The attorney general made the announcement during a news conference as he attempted to insulate the department from claims that the investigations into the former president were politically-based. Garland said that Trump's Tuesday announcement to run for president in the 2024 elections prompted him to take what he described as an "extraordinary" step.

During a hastily arranged news conference, Garland said that such an appointment underscores the DOJ's commitment to both independence and accountability, particularly in matters that are considered highly sensitive, as per the New York Times.

Smith said that he was planning to conduct the assigned investigations, as well as any prosecutions that may result from them, both independently and in the best interests of the Justice Department. He vowed that the probes would continue to move forward and result in whatever outcome the facts and the law dictate.

Special counsels such as Smith, under federal regulations, have greater day-to-day autonomy than regular prosecutors. However, they ultimately remain under the attorney general's supervision and control.

According to CNN, Garland noted that Smith has built the reputation that he is considered to be an impartial and determined prosecutor. But the former president, during his Tuesday presidential announcement, claimed that he was the victim of a "weaponization" of the justice system.

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Weaponizing the Justice System

On Friday, a Trump spokesperson released a statement saying that the move was totally expected and called it a political stunt made by a "feckless, politicized, weaponized Biden Department of Justice."

The investigation of the former president's Mar-a-Lago estate burst into the public eye when the FBI executed a search warrant in August. Trump immediately went to court in order to secure an order that required the third attorney to review the materials that were seized during the search.

Afterward, documents that were marked as classified were excluded from that review by an appellate court. The decision allowed for their use in the criminal probe as investigators also brought witnesses before a federal grand jury.

On the other hand, the prosecutions of the people who physically breached the US Capitol building have been the most public aspect of the DOJ's Jan. 6 investigation. Smith said in a Friday statement that the pace of the probes will not be paused under his watch, noting that he will exercise independent judgment regarding the investigations.

On top of serving prior as a DOJ prosecutor, Smith also served as chief prosecutor for the special court in the Hague, in the Netherlands. During that time, he investigated war crimes in Kosovo, CNBC reported.

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