Thoughts on special counsel: 1. mainly it depends on who it is. 2. if you're going to do this why wait this long?

@katherinehawkins I tend to agree with Marci Wheeler's view on the timing. In particular, it'll be easier to build the case when DOJ can legally access the nonclassified docs again. But the clock IS ticking.

https://www.emptywheel.net/2022/11/14/merrick-garland-hasnt-done-the-specific-thing-you-want-because-doj-has-been-busy-doing-things-they-have-to-do-first/

Merrick Garland Hasn't Done the Specific Thing You Want because DOJ Has Been Busy Doing Things They Have to Do First - emptywheel

We know why DOJ has not yet indicted Trump. The reason is that DOJ has been very busy taking steps that have to happen before they could indict Trump.

emptywheel
@IntlLawGnome @katherinehawkins they’re running the clock out on purpose. Read up on Garland’s background. He’s controlled opposition.

@mitka @katherinehawkins Nope. These kinds of cases don't work like high-drama TV shows might lead one to believe. It takes a lot of time, effort, and focus to build a strong case like this one that can convince a jury of 12 distinct viewpoints beyond a reasonable doubt.

I can't speak to what Garland wants in his heart of hearts, but his actions aren't inconsistent with an intention to have a special counsel prosecute this properly. Going w/ Occam's on this one.

@IntlLawGnome @katherinehawkins

I am not suggesting it should be simple or quick; in fact I am suggesting it's deliberately the opposite.

Garland is applying those best practices in sequence rather than parallel in order to drag out the process.

Any investigation or encouraging event does not end in indictment. This is all so that justice appears to progress but to no end.

His mentor is Jamie Gorelick: https://en.wikipedia.org/wiki/Jamie_Gorelick

References:
https://twitter.com/sarahkendzior/status/1481288437235957765

https://twitter.com/sarahkendzior/status/1448282437075836929

Jamie Gorelick - Wikipedia

@katherinehawkins That's my biggest issue. If Garland was worried about the politics he should have done this over a year ago. Now we have a long pause while a new team is built and ramped up.
@katherinehawkins according to the AG there are extraordinary circumstances-that being Trump running for office. This is now in the public interest which goes according to DOJ rules for assigning a special counsel.

@katherinehawkins

Jack Smith is a good choice, but the job is unnecessary and just adds to the delay.

MAGAt nation isn't going to see this as anything other than political one way or another. The rest of us think it looks like glacial justice already.

@katherinehawkins this will not delay at all.
He will hire the same people who have been working it and take all the information already gathered.
@katherinehawkins
I thought it was to insulate the investigations from meddling by the incoming Flying Monkey congress.
@katherinehawkins Garland waited until he knew trump would be a candidate. Makes perfect sense.
@SeattleAl @katherinehawkins garland waited until after the election. He was trying to be fair. trump declared once he found out the special counsel was being appointed.

@katherinehawkins my two cents :

I think it's less about Trump and more about insulating the investigation from the GOP House. Yes, I know he mentioned Trump declaring, but he said circumstances (plural).

Investigations under SCO are from a permanently funded, indefinite appropriation, not something they can torpedo arbitrarily.

Members of Congress can and might be caught in this (Jim Jones who will head judiciary, as well as the other whackadoodles)
1/2

@anationforall @katherinehawkins

Given Jeffrey Clark's involvement, this could reach into the Senate as well (Rick Scott) and even possibly into DOJ itself.

2/2

@katherinehawkins
The situation only requires special counsel because, both trump and Biden are now saying they are running. If either was not in it, no need for special counsel, but with BOTH in it, and Garland appointed by Biden, then he has to go to special counsel.
@katherinehawkins convict trump and sentence to max of guidelines. Remand to USBOP custody once convicted!!!!