I don't think he has a choice at this point.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.
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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.
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Top aides to Trump have been eyeing the third week of November as an ideal launch point for his campaign, with two sources telling CNN on Friday morning that the team has specifically discussed November 14.
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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.
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[I]nvestigators 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.
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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.
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Top Justice officials have looked to an old guard of former Southern District of New York prosecutors, bringing into the investigations Kansas City-based federal prosecutor and national security expert David Raskin, as well as David Rody, a prosecutor-turned-defense lawyer who previously specialized in gang and conspiracy cases and has worked extensively with government cooperators.
Rody, whose involvement has not been previously reported, left a lucrative partnership at the prestigious corporate defense firm Sidley Austin in recent weeks to become a senior counsel at DOJ in the criminal division in Washington.
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The team at the DC US Attorney’s Office handling the day-to-day work of the January 6 investigations is also growing – even while the office’s sedition cases against right-wing extremists go to trial.
A handful of other prosecutors have joined the January 6 investigations team, including a high-ranking fraud and public corruption prosecutor who has moved out of a supervisor position and onto the team, and a prosecutor with years of experience in criminal appellate work now involved in some of the grand jury activity.
Taken together, the reorganization of prosecutors indicates a serious and snowballing investigation into Trump and his closest circles.
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Garland will have to navigate the politically perilous and historic decision of how to approach the potential indictment of a former President.
CNN
...but hey, do what you want...you will anyway.
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