JUST GET TRUMP: Legal experts dispute the Special Counsel, but agree on the goal

On Friday, Attorney General Merrick Garland announced the appointment of Jack Smith as Special Counsel for the Justice Department. He will oversee the stolen classified documents case against Donald Trump as well as some of the aspects of the January 6 insurrection.

Smith is a universally respected prosecutor with vast experience who has brought cases everywhere from Brooklyn to The Hague. No one questions his integrity or his unique ability to probe into criminal activity.

“He is a phenomenal investigator,” a former colleague, Moe Fodeman, told CNN. “He leaves no stone unturned.”

“He’s going to be really aggressive,” another said, adding that “things are going to speed up.”

Yet a debate rages on as to whether Garland is correct in appointing a special counsel. Many want Garland to act now, concerned that, like with Robert Mueller, a special counsel investigation will simply take too long – arguing that there’s no need to work on building a case that’s really already built.

They’ve also pointed out that there’s no need to go to great lengths to make the investigation of Trump appear impartial, as Trumpers will dismiss whatever evidence there is regardless of from whence comes.

Former solicitor general of the United States and current Georgetown Law professor Neal Katyal has been one of the more outspoken critics of the move.

If there's anything we've learned, it's that Trump&his base will criticize anyone who goes against his wishes. It doesn't matter if it's Merrick Garland,Jack Smith,or even his own Vice President. They attack anyone who disagrees &a special counsel does nothing to change that fact

— Neal Katyal (@neal_katyal) November 18, 2022

"I disagree pretty strongly with the decision by Attorney General Garland to seek a special counsel. I don't think it's needed under the regulations and I think it risks delaying this investigation needlessly… I just don't really see it" – @neal_katyal w/ @NicolleDWallace pic.twitter.com/xBREdQ71e2

— Deadline White House (@DeadlineWH) November 19, 2022

He’s not alone in this assessment.

All Merrick Garland did by appointing a Special Counsel is to make someone else decide whether to charge Trump. He didn't do it to make sure Trump is charged. He didn't do it to make sure Trump is not charged. He just tried to protect DOJ from accusations of political motives.

— Shanlon Wu (@shanlonwu) November 20, 2022

Yet others who previously opposed the special counsel have come around, including Laurence Tribe and Jill Wine-Banks.

Months ago, I urged appointment of a special counsel. More recently, I thought it was too late. Now that I see the details, I think Garland has done exactly the right thing and that Smith is exactly the right prosecutor to take it on. Full speed ahead! https://t.co/k0OD8sZ6DY

— Laurence Tribe (@tribelaw) November 19, 2022

The canine metaphors are fun but a bit of a distraction: When this Mr. Smith goes to Washington, he will become the fiercest, fairest leader of a prosecutorial team that until now has lacked a leader dedicated to the crimes leading to Jan 6 and those landing in Mar-a-Lago. https://t.co/bjHYrymw25

— Laurence Tribe (@tribelaw) November 19, 2022

4/So why appoint one?
To move the case faster and appearance of neutrality (though I feel DOJ is neutral in this case and Trump running for office doesn't change that). Case has been lingering under AG and the selected SC, Jack Smith, seems the perfect prosecutor to move this…

— Jill Wine-Banks (@JillWineBanks) November 19, 2022

5/along quickly since he is keeping the same staff that is already on the case. Better would have been to make him a Special Asst in DOJ rather than an SC that isn't really independent under the regs but makes it seem like DOJ couldn't do this case or any other 2 years before an

— Jill Wine-Banks (@JillWineBanks) November 19, 2022

6/election.
End result is that a very talented prosecutor (who has prosecuted a former president already) is now in charge and that's a good outcome.

Hope that makes sense and explains my change of tone from previously adamantly opposing SC to thinking it adds value.

— Jill Wine-Banks (@JillWineBanks) November 19, 2022

Unfortunately, while Smith certainly seems highly qualified, we have seen this show before, and the actions taken by Garland are right in line with the look-like-you’re-doing-something dynamic without actually doing much. The truth is, there is plenty of evidence to arrest Trump right now – for stealing documents and for trying to steal our democracy.

And there’s frankly too much of an obsession with trying to find someone who appears to be “impartial.” A big deal has been made out of the fact that Jack Smith is a registered independent who has gone after Democrats and Republicans – as if there’s just as much corruption on both sides.

In truth, there’s nothing wrong with having a passionate prosecutor, so long as that prosecutor recognizes people’s civil rights. No one thought Thomas Dewey lacked integrity because he wanted to put all the gangsters behind bars. The IRS agents who nabbed Capone weren’t selected because they saw his point of view too. Why is it that people like Garland still suffer from the mystical belief that “If only we find the right person, everyone will say we did it right?”

They won’t.

A Special Counsel will convince none of Trump's cultists and serve only to slow his prosecution and jeopardize the nation.

Justice delayed IS Justice denied, in both directions.

Fire Garland. Indict Trump. The evidence is mountainous.

— Keith Olbermann (@KeithOlbermann) November 18, 2022

We don’t need a Special Counsel to determine that Donald Trump has committed a mountain of Federal Crimes. Merrick Garland: Stop trying to avoid looking political and INDICT!

— Rob Reiner (@robreiner) November 18, 2022

Just to be clear Trump is a criminal who belongs in prison and the Special Counsel Merrick Garland appointed needs to arrest Trump’s ass immediately before he even has a chance to send a tweet. But this is the Twitter Trump got kicked off of—not the one he abused. He ain’t ready.

— Scott Dworkin (@funder) November 20, 2022

Perhaps Tribe and Wine-Banks will prove correct: maybe Smith is the guy for this job and he’ll get it done. But let’s not fall into a perpetual loop of “gathering evidence” when we have the Orange Demon on video encouraging insurrection, on tape calling for an election to be overturned, and red-handed with confidential documents.

Help me carry on the fight against Agent Orange of Stupidsville and the Republicans by following me on Twitter. @RossRosenfeld