Will Attorney General Garland Charge Trump After the January 6th Investigation?: An Analysis
The question of whether Attorney General Merrick Garland will charge former President Donald Trump for his alleged involvement in the events of January 6th has been a topic of intense scrutiny. Given the complexity of the legal framework surrounding investigations and prosecutions, it is important to consider the roles and responsibilities of both Garland and the Special Counsel appointed to investigate the case.
The Legal Framework Behind Investigations
The decision to charge individuals, particularly a former president, involves a detailed understanding of the legal framework and the respective roles of the Attorney General and the Special Counsel. Here, we dissect the relevant laws and analyze how they may apply to the case at hand.
The Appointment of the Special Counsel
On the immediate aftermath of former President Trump's re-election campaign, Attorney General Merrick Garland appointed a Special Counsel to investigate two matters: Trump's involvement in the events of January 6th and his handling of classified documents found at Mar-a-Lago. This appointment was made to ensure that there was no perceived or actual conflict of interest within the Department of Justice (DOJ).
The relevant provisions of the law, as outlined in 28 CFR § 600, clearly state the grounds for appointing a Special Counsel. These provisions specify that the Attorney General will appoint a Special Counsel when a criminal investigation of a person is warranted and if there is a conflict of interest or extraordinary circumstances. This legal framework underscores the thorough investigation being conducted by Special Counsel Jack Smith.
The Powers and Authority of the Special Counsel
28 CFR § 600.6 grants the Special Counsel significant powers and authority to investigate and prosecute. Specifically, the Special Counsel has 'the full power and independent authority to exercise all investigative and prosecutorial functions of any United States Attorney'. This includes the ability to negotiate plea deals and to decide whether to prosecute individuals involved in the January 6th events.
The Special Counsel's report, once final, will be submitted to the Attorney General, who will notify the appropriate congressional committees. While the Attorney General has the authority to overrule the Special Counsel, this is not a typical occurrence in such investigations.
The Special Counsel's Role in Indictments and Prosecution
Given the scope of the Special Counsel's powers, it is reasonable to anticipate that he may pursue charges against individuals involved, including ex-President Trump. However, the special scrutiny surrounding the prosecution of a former president compels us to look at the process in more detail.
Special Counsel Robert Mueller's work on the Russia investigation serves as a precedent. His expansive powers led to dozens of indictments and multiple plea deals. Similarly, Special Counsel Jack Smith can leverage similar authorities to secure indictments and plea deals from those involved in the January 6th events.
One critical element in this process is the testimony and plea deals from key participants. If former officials like Jeffery Clark and Tony Ornato agree to testify and plead guilty, it can lead to indictments of higher-profile figures, including Trump. The Special Counsel's recommendation for charging Trump will then be reviewed by Attorney General Garland, who may either accept or reject the recommendation.
Conclusion and Analysis
The legal framework and the roles of key officials suggest that there is a significant possibility that Attorney General Garland will allow Special Counsel Jack Smith to proceed with charges against Trump for his alleged involvement in the events of January 6th. However, the complexities of the case and the unique status of the former president mean that we must remain patient and await further developments.
As the investigation progresses and if smaller fish begin to plead guilty, the likelihood of charges against Trump increases. Therefore, the question is not whether Garland will charge Trump but rather when and how.