As Donald Trump inches closer to launching another presidential run after the midterm election, Justice Department officials have discussed whether a Trump candidacy would create the need for a special counsel to oversee two sprawling federal investigations related to the former president, sources familiar with the matter tell CNN.
The Justice Department is also staffing up its investigations with experienced prosecutors so it’s ready for any decisions after the midterms, including the potential unprecedented move of indicting a former president.
In the weeks leading up to the election, the Justice Department has observed the traditional quiet period of not making any overt moves that may have political consequences. But behind the scenes, investigators have remained busy, using aggressive grand jury subpoenas and secret court battles to compel testimony from witnesses in both the investigation into Trump’s efforts to overturn the 2020 election and his alleged mishandling of national security documents kept at his Palm Beach home.
Now federal investigators are planning for a burst of post-election activity in Trump-related investigations. That includes the prospect of indictments of Trump’s associates – moves that could be made more complicated if Trump declares a run for the presidency.
“They can crank up charges on almost anybody if they wanted to,” said one defense attorney working on January 6-related matters, who added defense lawyers have “have no idea” who ultimately will be charged.
“This is the scary thing,” the attorney said.
Trump and his associates also face legal exposure in Georgia, where Fulton County District Attorney Fani Willis is investigating Trump’s efforts to overturn the 2020 election in the Peach State and expects to wrap her probe by the end of the year.
Indicting an active candidate for the White House would surely spark a political firestorm. And while no decision has been made about whether a special counsel might be needed in the future, DOJ officials have debated whether doing so could insulate the Justice Department from accusations that Joe Biden’s administration is targeting his chief political rival, people familiar with the matter tell CNN.
Special counsels, of course, are hardly immune from political attacks. Both former special counsel Robert Mueller’s Russia investigation and special counsel John Durham’s investigation into the origins of the FBI’s Russia probe came under withering criticism from their opponents.
The Justice Department declined to comment for this story.
I'm not totally being fair to Robert Mueller, his investigation did result in convictions, and those convictions were pardoned by Trump. That wasn't Mueller's fault, because he wasn't allowed to pursue Trump when he was in the Oval Office and never would have been able to under any circumstances.
On the other hand, Trump is no longer in the White House, and the Justice Department continues to signal that they will play by the rules that increasingly don't matter to Trump, the GOP, the Supreme Court, or ten of millions of their voters and supporters.
We'll see. I still believe an indictment is coming, but if Trump announces his candidacy on, say, November 9th, all bets are off.
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