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kentuck

(111,110 posts)
Fri Nov 18, 2022, 03:47 PM Nov 2022

I am really trying to find something positive from this Special Counsel appointment.

Trump has successfully gotten a delay in his investigation.

Maybe that will cool off the "investigation fires" in the new Congress?

Maybe the Special Counsel will pick up where the DOJ has left off? Maybe it won't take a year or two to finish the investigation?

If the Special Counsel reports to AG Garland in 2 or 3 months that he believes there is enough evidence to charge Trump with crimes, how could Garland refuse to charge the former president?

With supreme patience, perhaps the Republicans will come around to understanding that this is the only way for them to rid themselves of Donald Trump and some of them may support the investigation? I doubt it, but it is a possibility, I suppose?

Will it remove politics from the investigation? What do you think?

39 replies = new reply since forum marked as read
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I am really trying to find something positive from this Special Counsel appointment. (Original Post) kentuck Nov 2022 OP
I think evrrything is goong as it should and th peanut gallery... TreasonousBastard Nov 2022 #1
Do you have any thoughts about "how it should be going"? kentuck Nov 2022 #4
I am not a Federal prosecutor and don't see any way it could... TreasonousBastard Nov 2022 #7
Well, it's not like they have a perfect track record. kentuck Nov 2022 #18
To our view, but every time I thought I knew something, a... TreasonousBastard Nov 2022 #21
Barb McQuade had a great point: madamesilverspurs Nov 2022 #2
I know you didn't say it ok_cpu Nov 2022 #19
plenty of republicans want someone else to do the dirty work of neutering Trump GenXer47 Nov 2022 #3
And permitted to be the next president? kentuck Nov 2022 #6
Garland just said the appointment of the special counsel will NOT slow the investigations, fightforfreedom Nov 2022 #5
Left unsaid was that it could hardly go any slower. nt intrepidity Nov 2022 #26
Oh, well, good, if he said that... BlackSkimmer Nov 2022 #34
It is possible... kentuck Nov 2022 #8
I really want to bdamomma Nov 2022 #22
I don't understand why people think this is a negative development. Ocelot II Nov 2022 #9
I think many folks believe it will only delay the investigation for a year or two. kentuck Nov 2022 #16
Seems to be viable bdamomma Nov 2022 #25
I'm positive... Effete Snob Nov 2022 #10
Absolutely! BlackSkimmer Nov 2022 #35
So am I 20 months and now this republianmushroom Nov 2022 #11
+1, uponit7771 Nov 2022 #15
Maybe there is just so much evidence, Garland needs the help Raven123 Nov 2022 #12
Fresh eyes? You don't have to squint to see the evidence of crimes here. nt intrepidity Nov 2022 #27
You always want to avoid the traps of process that might give someone an out Raven123 Nov 2022 #38
NEW from Special Counsel Jack Smith: "Pace of investigations will not pause or flag under my watch" Fullduplexxx Nov 2022 #13
Repug house will demand an investigation of the investigation. GreenWave Nov 2022 #14
that's false. There's no evidence of a delay bigtree Nov 2022 #17
My twenty five cents is on Garland setting this up months ago. cachukis Nov 2022 #20
Special Masters, Special Councils... Benedict Donald must feel very special indeed Blue Owl Nov 2022 #23
Another point worth noting... kentuck Nov 2022 #24
A Positive Vibration. H2O Man Nov 2022 #28
I am hoping you are right. kentuck Nov 2022 #30
Jack Smith H2O Man Nov 2022 #31
It's a little difficult to criticize the credentials of the head prosecutor at the Hague... kentuck Nov 2022 #32
I agree. H2O Man Nov 2022 #33
Should satisfy those who thought the DOJ was moving too fast. Sneederbunk Nov 2022 #29
This means the DOJ and AG have reached the point where indictments and prosecutions Just A Box Of Rain Nov 2022 #36
MSNBC host just said is it not possible that by waiting for 2 years kairos12 Nov 2022 #37
Special Counsel Jack Smith is moving at light speed LetMyPeopleVote Nov 2022 #39

kentuck

(111,110 posts)
4. Do you have any thoughts about "how it should be going"?
Fri Nov 18, 2022, 03:54 PM
Nov 2022

Or do you have faith that the DOJ knows what it is doing and is way ahead of everyone else?

TreasonousBastard

(43,049 posts)
7. I am not a Federal prosecutor and don't see any way it could...
Fri Nov 18, 2022, 03:57 PM
Nov 2022

be useful to tell them how their jobs should be done

ok_cpu

(2,055 posts)
19. I know you didn't say it
Fri Nov 18, 2022, 04:14 PM
Nov 2022

but it's hard to feel like Mueller was appointed by Rosenstein because the trump DOJ planned to take action on the Russia investigation.

Edited for clarity: I do not think Garland is acting to scuttle the investigation. I just don't agree with the opinion that the appointment is any reflection of intent to indict.

 

GenXer47

(1,204 posts)
3. plenty of republicans want someone else to do the dirty work of neutering Trump
Fri Nov 18, 2022, 03:54 PM
Nov 2022

so we might hear a conspicuous silence on the matter.
Of course the sycophants like MTG will never stop whining about it.
The problem I see is for us, the citizens - investigation fatigue sets in and we sort of "move on" while the investigation is happening. By the time we get to the end, people have tuned out.
It also sends a message that the crimes aren't really *that* serious, afterall, he's allowed to travel, spread lies, instigate violence and all the other shit he's known for.

kentuck

(111,110 posts)
8. It is possible...
Fri Nov 18, 2022, 04:01 PM
Nov 2022

...that Garland believes he has enough evidence to indict and get a conviction, but it would carry more weight if a respected Special Counsel were to report the same opinion to him, so he would not look political in the charges and indictment.

It is possible that he knows Trump is going to be indicted, but he wants it to be as free from political charges as possible.

And Trump has bought a little time but he has lost political leverage.

bdamomma

(63,928 posts)
22. I really want to
Fri Nov 18, 2022, 04:20 PM
Nov 2022

see some justice for this sick orange blob, he's arrogant among other things, twice impeached, and possibly a Russian agent (assuming). Plus stealing documents is a CRIME. His list is long.

Follow the money again.

Ocelot II

(115,878 posts)
9. I don't understand why people think this is a negative development.
Fri Nov 18, 2022, 04:03 PM
Nov 2022

It's not like the special counsel will have to start from scratch and re-investigate every bit of evidence; whatever has been done already by regular DoJ staff will simply be transferred to the office of the SC and the process will continue. It alleviates claims of conflict of interest; as we learned from the Mueller investigation, a president can't fire a special counsel, and neither can the AG except for cause. This is the special counsel rule:

28 CFR § 600.1 Grounds for appointing a Special Counsel.
The Attorney General, or in cases in which the Attorney General is recused, the Acting Attorney General, will appoint a Special Counsel when he or she determines that criminal investigation of a person or matter is warranted and -

(a) That investigation or prosecution of that person or matter by a United States Attorney's Office or litigating Division of the Department of Justice would present a conflict of interest for the Department or other extraordinary circumstances; and

(b) That under the circumstances, it would be in the public interest to appoint an outside Special Counsel to assume responsibility for the matter.
https://www.law.cornell.edu/cfr/text/28/600.1

So: Garland has determined that a criminal investigation is warranted (and we know that an investigation has been in process for awhile already). He has also considered either the issue of a conflict of interest, or at least the appearance of one, or other extraordinary circumstances - the prosecution of a former president for actions done both while in office and afterwards - and that it would be in the public interest under the circumstances. Are any of these conclusions erroneous? Frankly, I don't get what all the whining is about. Considering the wording of the rule - especially the statement that "The Attorney General, or in cases in which the Attorney General is recused, the Acting Attorney General, will appoint a Special Counsel," - not may or can or should - I don't see that he had another choice.

kentuck

(111,110 posts)
16. I think many folks believe it will only delay the investigation for a year or two.
Fri Nov 18, 2022, 04:08 PM
Nov 2022

But if he comes back to the AG in two or three months and recommends criminal prosecution, it will be seen as a positive move by Merrick Garland. He is not making the decision alone.

Trump may have bought a little time but nothing else.

Raven123

(4,878 posts)
12. Maybe there is just so much evidence, Garland needs the help
Fri Nov 18, 2022, 04:05 PM
Nov 2022

He’s been looking at this stuff for a long time. Having a fresh eye may be a good idea.

Fullduplexxx

(7,872 posts)
13. NEW from Special Counsel Jack Smith: "Pace of investigations will not pause or flag under my watch"
Fri Nov 18, 2022, 04:05 PM
Nov 2022

NEW from Special Counsel Jack Smith: "Pace of investigations will not pause or flag under my watch"
Ryan J. Reilly @ryanjreilly 10m
NEW from Special Counsel Jack Smith:

“The pace of the investigations will not pause or flag under my watch. I will exercise independent judgement and will move the investigations forward expeditiously and thoroughly to whatever outcome the facts and the law dictate.”

cachukis

(2,277 posts)
20. My twenty five cents is on Garland setting this up months ago.
Fri Nov 18, 2022, 04:15 PM
Nov 2022

Smith is probably very up to date and his team will come from those in the justice department already on task.

Garland is intent on the purity of American Justice and any objection to his following the law.

I suspect Garland has fortified the team and ready to prosecute the biggest case in American history in the midst of the most psychractic candidacy of all time.

Garland's job is to make the rule of law work in spite of a large portion of our countrymen applauding its demise.

He has my support.

kentuck

(111,110 posts)
24. Another point worth noting...
Fri Nov 18, 2022, 04:21 PM
Nov 2022

...is that the Special Counsel is appointed to investigate the January 6th attack on our Capitol and the Maralago stolen files.

There are people that have recently been elected to Congress that are screaming about investigations but they do not want to be investigated themselves by a Special Counsel. This should give pause to a few of those outlaws.

H2O Man

(73,627 posts)
28. A Positive Vibration.
Fri Nov 18, 2022, 04:28 PM
Nov 2022

I think it is a good move. The Special Counsel will not be starting over. Or picking a new team of investigators. Rather, they will serve as the head of the team members already in place, evaluating what charges are both appropriate and have a 95% chance of resulting in a conviction.

I like the timing very much. I think that others here will, somewhere around February.


(Recommended.)

kentuck

(111,110 posts)
30. I am hoping you are right.
Fri Nov 18, 2022, 04:33 PM
Nov 2022

Trump and his stooges in Congress were on their way to impeaching Merrick Garland, in my opinion. This has temporarily removed it from Garland's hands.

We have no idea what the SC might recommend? But Merrick Garland may have an idea?

He is removing the politics from the investigation as much as possible, it appears.

No one on the Trump Team should be doing cartwheels just yet.

H2O Man

(73,627 posts)
31. Jack Smith
Fri Nov 18, 2022, 04:40 PM
Nov 2022

was an aggressive federal attorney. He became the head prosecutor in the Hague per war crimes in Kosovo. You are going to be happy that he was appointed. In my opinion, he is the perfect person for this.

kentuck

(111,110 posts)
32. It's a little difficult to criticize the credentials of the head prosecutor at the Hague...
Fri Nov 18, 2022, 04:43 PM
Nov 2022

...who prosecuted war crimes.

H2O Man

(73,627 posts)
33. I agree.
Fri Nov 18, 2022, 05:00 PM
Nov 2022

Though I wouldn't say any prosecutor has a perfect career -- for there is no such thing -- I do think he is perfect for this position. And having had two times serving in the international courts is a big factor.

 

Just A Box Of Rain

(5,104 posts)
36. This means the DOJ and AG have reached the point where indictments and prosecutions
Fri Nov 18, 2022, 05:03 PM
Nov 2022

are imminent.

This is the necessary step under the prevailing guidelines.

kairos12

(12,877 posts)
37. MSNBC host just said is it not possible that by waiting for 2 years
Fri Nov 18, 2022, 05:16 PM
Nov 2022

Garland got played by Chump.

Good point.

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