>> GOOD AFTERNOON. I'M HERE TODAY TO ANNOUNCE THE
APPOINTMENT OF A SPECIAL COUNSEL IN CONNECTION WITH TWO ONGOING
CRIMINAL INVESTIGATIONS THAT HAVE RECEIVED SIGNIFICANT PUBLIC
ATTENTION. THE FIRST, AS DESCRIBED IN COURT
FILINGS IN THE DISTRICT OF COLUMBIA, IS THE INVESTIGATION
INTO WHETHER ANY PERSON OR ENTITY UNLAWFULFULLY INTERFERED
WITH THE TRANSFER OF POWER FOLLOWING THE 2020 PRESIDENTIAL
ELECTION OR THE CERTIFICATION OF THE ELECTORAL COLLEGE VOTE HELD
ON OR ABOUT JANUARY 6, 2021. THE SECOND IS THE ONGOING
INVESTIGATION INVOLVING CLASSIFIED DOCUMENTS AND OTHER
PRESIDENTIAL RECORDS AS WELL AS THE POSSIBLE OBSTRUCTION OF THAT
INVESTIGATION, REFERENCED AND DESCRIBED IN COURT FILINGS IN A
PENDING MANNER IN THE SOUTHERN DISTRICT OF FLORIDA.
I'M JOINED TODAY BY DEPUTY ATTORNEY GENERAL LISA MONACO,
U.S. ATTORNEY FOR THE DISTRICT OF COLUMBIA, MATTHEW GRAVES, AND
ASSISTANT ATTORNEY GENERAL FOR THE CRIMINAL DIVISION.
MATTHEW OLSON COULD NOT BE HERE. HE IS CURRENTLY IN GERMANY
REPRESENTING THE DEPARTMENT AT THE G7 HOME AFFAIRS AND SECURITY
MINISTERIAL. U.S. ATTORNEY GRAVES HAS BEEN
ABLY LEADING THE INVESTIGATIONS INTO THE EVENTS LEADING UP TO
AND ON JANUARY 6. HE AND DOZENS OF ASSISTANT U.S.
ATTORNEYS AND OTHER PROSECUTORS HAVE TAKEN ON THE MONUMENTAL
TASK OF CONDUCTING OVER 900 PROSECUTIONS IN DEFENSE OF OUR
DEMOCRATIC INSTITUTIONS. CRIMINAL DIVISION PROSECUTORS
UNDER THE ABLE LEADERSHIP OF ASSISTANT ATTORNEY GENERAL --
HAVE PLAYED A SIGNIFICANT ROLE IN THOSE PROSECUTIONS.
ASSISTANT ATTORNEY GENERAL OLSON HAS BEEN ABLY LEADING THE
INVESTIGATION. ALL OF THE CAREER PROSECUTORS
ASSIGNED TO THESE MATTERS ARE CONDUCTING THEIR WORK IN THE
BEST TRADITIONS OF THE DEPARTMENT OF JUSTICE.
I ALSO WANT TO RECOGNIZE THE EFFORTS OF THE MANY FBI AGENTS
AND OTHER LAW ENFORCEMENT PERSONNEL WHO ARE ASSIGNED TO
THESE MATTERS. THEY ARE WORKING COURAGEOUSLY
AND STEADFASTLY AND ARE SERVING OUR NATION HONORABLY.
I AM GRATEFUL TO THEM. WE ALL ARE.
THE DEPARTMENT OF JUSTICE HAS LONG RECOGNIZED THAT IN CERTAIN
EXTRAORDINARY CASES, IT IS IN THE PUBLIC INTEREST TO APPOINT A
SPECIAL PROSECUTOR TO INDEPENDENTLY MANAGE AN
INVESTIGATION AND PROSECUTION. BASED ON RECENT DEVELOPMENTS,
INCLUDING THE FORMER PRESIDENT'S ANNOUNCEMENT THAT HE IS A
CANDIDATE FOR PRESIDENT IN THE NEXT ELECTION AND THE SITTING
PRESIDENT'S STATED INTENTION TO BE A CANDIDATE AS WELL, I HAVE
CONCLUDED THAT IT IS IN THE PUBLIC INTEREST TO APPOINT A
SPECIAL COUNSEL. SUCH AN APPOINTMENT UNDERSCORES
THE DEPARTMENT'S COMMITMENT TO BOTH INDEPENDENCE AND
ACCOUNTABILITY IN PARTICULARLY SENSITIVE MATTERS.
IT ALSO ALLOWS PROSECUTORS AND AGENTS TO CONTINUE THEIR WORK
EXPEDITIOUSLY AND TO MAKE DECISIONS INDISPUTABLY GUIDED
ONLY BY THE FACTS AND THE LAW. THE SPECIAL COUNSEL WILL CONDUCT
PARTS OF THE FIRST INVESTIGATION I JUST MENTIONED.
THE INVESTIGATION INTO WHETHER ANY PERSON OR ENTITY UNLAWFULLY
INTERFERED WITH THE TRANSFER OF POWER FOLLOWING THE 2020
PRESIDENTIAL ELECTION OR WITH THE CERTIFICATION OF ELECTORAL
COLLEGE VOTE HELD ON OR ABOUT JANUARY 6.
THIS DOES NOT INCLUDE PROSECUTIONS THAT ARE CURRENTLY
PENDING IN THE DISTRICT OF COLUMBIA OR FUTURE
INVESTIGATIONS AND PROSECUTIONS OF INDIVIDUALS FOR OFFENSES
COMMITTED WHILE THEY WERE PHYSICALLY PRESENT ON THE
CAPITOL GROUNDS ON JANUARY 6. THOSE INVESTIGATIONS AND
PROSECUTIONS WILL REMAIN UNDER THE AUTHORITY OF THE U.S.
ATTORNEY FOR THE DISTRICT OF COLUMBIA.
THE SPECIAL COUNSEL WILL ALSO CONDUCT THE INVESTIGATION
INVOLVING CLASSIFIED DOCUMENTS AND OTHER PRESIDENTIAL RECORDS
AS WELL AS THE POSSIBLE OBSTRUCTION OF THAT
INVESTIGATION. TODAY, I SIGNED AN ORDER
APPOINTING JACK SMITH TO SERVE AS SPECIAL COUNSEL.
THE ORDER AUTHORIZES HIM TO CONTINUE THE ONGOING
INVESTIGATION INTO BOTH OF THE MATTERS THAT I HAVE JUST
DESCRIBED AND TO PROSECUTE ANY FEDERAL CRIMES THAT MAY ARISE
FROM THOSE INVESTIGATIONS. MR. SMITH IS A VETERAN CAREER
PROSECUTOR. HE BEGAN HIS PROSECUTORIAL
CAREER IN 1994 AS AN ASSISTANT DISTRICT ATTORNEY WITH THE NEW
YORK COUNTY D.A.'S OFFICE. IN 1999, HE BECAME AN ASSISTANT
U.S. ATTORNEY FOR THE EASTERN DISTRICT OF NEW YORK, WHERE OVER
THE COURSE OF NINE YEARS, HE PROSECUTED MATTERS RANGING FROM
GANG MURDERS OF POLICE OFFICERS TO CIVIL RIGHTS VIOLATIONS.
FROM 2008 TO 2010, HE SERVED WITH THE INTERNATIONAL CRIMINAL
COURT, WHERE HE SUPERVISED WAR CRIMES INVESTIGATIONS.
IN 2010, MR. SMITH RETURNED TO THE JUSTICE DEPARTMENT TO SERVE
AS CHIEF OF THE PUBLIC INTEGRITY SEC
SECTION, WHERE HE LEAD A TEAM OF MORE THAN 30 PROSECUTORS WHO
HANDLED PUBLIC CORRUPTION AND ELECTION CRIMES CASES ACROSS THE
UNITED STATES. IN 2015, HE AGREED TO SERVE AS
THE FIRST ASSISTANT U.S. ATTORNEY FOR THE MIDDLE DISTRICT
OF TENNESSEE, LATER BECOMING THE ACTING UNITED STATES ATTORNEY.
MOST RECENTLY, MR. SMITH SERVED AS CHIEF PROSECUTOR FOR THE
SPECIAL COURT IN THE HAGUE, CHARGED WITH INVESTIGATING AND
ADJUDICATING WAR CRIMES IN KOSOVO.
MR. SMITH WILL BEGIN HIS WORK AS SPECIAL COUNSEL IMMEDIATELY AND
WILL BE RETURNING TO THE UNITED STATES FROM THE HAGUE.
THROUGHOUT HIS CAREER, JACK SMITH HAS BUILT A REPUTATION AS
AN IMPARTIAL AND DETERMINED PROSECUTOR, WHO LEADS TEAMS WITH
ENERGY AND FOCUS TO FOLLOW THE FACTS WHEREVER THEY LEAD.
AS SPECIAL COUNSEL, WE WILL EXERCISE INDEPENDENT
PROSECUTORIAL JUDGMENT TO DECIDE WHETHER CHARGES SHOULD BE
BROUGHT. ALTHOUGH THE SPECIAL COUNSEL
WILL NOT BE SUBJECT TO THE DAY-TO-DAY SUPERVISION OF ANY
OFFICIAL OF THE DEPARTMENT, HE MUST COMPLY WITH THE
REGULATIONS, PROCEDURES, AND POLICIES OF THE DEPARTMENT.
I WILL ENSURE THAT THE SPECIAL COUNSEL RECEIVES THE RESOURCES
TO CONDUCT THIS WORK QUICKLY AND COMPLETELY.
GIVEN THE WORK TO DATE AND MR. SMITH'S PROSECUTORIAL
EXPERIENCE, I AM CONFIDENT THAT THIS APPOINTMENT WILL NOT SLOW
THE COMPLETION OF THESE INVESTIGATIONS.
MEN AND WOMEN WHO ARE PURSUING THESE INVESTIGATIONS ARE U
CONDUCTING THEMSELVES IN ACCORDANCE WITH THE HIGHEST
STANDARDS OF PROFESSIONALISM. I COULD NOT BE PROUDER OF THEM.
I STRONGLY BELIEVE THAT THE NORMAL PROCESSES OF THIS
DEPARTMENT CAN HANDLE ALL INVESTIGATIONS WITH INTEGRITY,
AND I ALSO BELIEVE THAT APPOINTING A SPECIAL COUNSEL AT
THIS TIME IS THE RIGHT THING TO DO.
THE EXTRAORDINARY CIRCUMSTANCES PRESENTED HERE DEMAND IT.
MR. SMITH IS THE RIGHT CHOICE TO COMPLETE THESE MANNERS IN AN
EVEN HANDED AND URGENT MANNER. THANK YOU ALL.
>> OKAY. WE'VE BEEN LISTENING THERE TO
THE ATTORNEY GENERAL TALKING ABOUT NAMING A SPECIAL COUNSEL
TO INVESTIGATE IN TWO OF THE INVESTIGATIONS INTO DONALD
TRUMP. WE JUST LEARNED IT IS JACK
SMITH, WHO HAS A VERY IMPRESSIVE BIOGRAPHY, EVERYTHING FROM
PROSECUTOR HERE IN THE STATES TO INVESTIGATING WAR CRIMES AT THE
HAGUE. >> YEAH, STARTING HIS PUBLIC
SERVICE ALMOST 30 YEARS AGO WORKING IN THE FEDERAL
GOVERNMENT IN BOTH DEMOCRATIC OR UNDER DEMOCRATIC AND REPUBLICAN
ADMINISTRATIONS. OF COURSE WE'LL LEARN MORE ABOUT
JACK SMITH IN THE COMING HOURS. LET'S GO BACK NOW TO OUR PANEL.
>> WE HAVE EVAN. WE HAVE JESSICA SCHNEIDER AND
ELIE HONIG. ELIE, YOUR THOUGHTS?
>> SO, WHEN WE TALK ABOUT THE CAREER NON-POLITICAL PROSECUTOR,
JACK SMITH APPEARS TO BE THE VERY MODEL OF THAT NOTION.
HE HAS WORKED, AS YOU SAID, FOR DECADES AS A STATE AND FEDERAL
PROSECUTOR AND AS A WAR CRIMES PROSECUTOR.
THERE'S NO POLITICAL LEANING ONE WAY OR THE OTHER.
THIS IS REALLY WHAT THE JUSTICE DEPARTMENT TYPICALLY -- THE VAST
MAJORITY OF FEDERAL PROSECUTORS AT THE JUSTICE DEPARTMENT ARE.
THEY ARE NOT POLITICAL ACTORS. THEY ARE NOT POLITICAL
APPOINTEES. THEY ARE PEOPLE WHO JUST COME IN
AND DO THE JOB AND DO THE WORK. AND JACK SMITH, BY ALL
APPEARANCES, HAS DONE THAT FOR MANY, MANY YEARS NOW.
NOW, HE IS GOING TO HAVE THE FIRST SAY.
HE IS GOING TO HAVE TO GET UP TO SPEED ON THIS INVESTIGATION.
IT'S GOING TO TAKE HIM SOME TIME.
BUT IT IS A WELL-DEVELOPED INVESTIGATION.
HE'S NOT STARTING FROM SQUARE ONE.
AND HE WILL ULTIMATELY HAVE AT LEAST THE INITIAL CALL ON, DO WE
INDICT OR DO WE NOT? HE WILL HAVE SOME LEVEL OF
INDEPENDENCE, SIGNIFICANT INDEPENDENCE, FROM MERRICK
GARLAND AND THE JUSTICE DEPARTMENT, BUT ULTIMATELY
MERRICK GARLAND WILL RETAIN THAT POWER TO AGREE OR DISAGREE.
IF HE DISAGREES TO OVERRIDE WHATEVER RECOMMENDATION
MR. SMITH OFFERS UP. >> THE ATTORNEY GENERAL SAID
THAT THE EXTRAORDINARY CIRCUMSTANCES DEMANDED THIS, AND
HE SAID THAT HE IDENTIFIED, AS A CATALYST FOR THIS DECISION, THE
ANNOUNCEMENT OR THE DECLARATION OF FORMER PRESIDENT TRUMP AS A
2024 CANDIDATE AND THE INCLINATION FROM THE CURRENT
PRESIDENT TO RUN FOR RE-ELECTION.
YOUR REACTION TO WHAT WE JUST HEARD FROM AG GARLAND?
>> YOU KNOW, VICTOR, THERE REALLY ISN'T A ROADMAP FOR A
CIRCUMSTANCE LIKE THIS BECAUSE OF HOW REMARKABLE THE
CIRCUMSTANCES ARE. AS THE ATTORNEY GENERAL LAID
OUT, YOU HAVE A FORMER PRESIDENT BEING INVESTIGATED BY THE
JUSTICE DEPARTMENT. TO DO THIS BY THE BOOK, TO
CONDUCT THESE INVESTIGATIONS IN A WAY THAT THE TEXTBOOKS WOULD
SAY TO DO IT, YES, THE ATTORNEY GENERAL HAD TO APPOINT A SPECIAL
COUNSEL HERE. WHAT YOU HAVE TO DO IS TAKE OUT
EVEN THE APPEARANCE OF IMPROPRIETY.
LOOK, WE ALL KNOW -- I WASN'T BORN YESTERDAY.
AND WITHIN HOURS, THE RECORD OF JACK SMITH IS GOING TO BE PICKED
APART, AND HE WILL PROBABLY BE SEEN BY SOME OR CRITICIZED BY
SOME AS BEING A PARTISAN POLITICAL HACK OR TOOL.
WE SAW THIS PLAY OUT WITH ROBERT MUELLER SEVERAL YEARS AGO.
THE SIMPLE FACT IS REMOVING IT FROM THE CHAIN OF COMMAND TO
SOME EXTENT, TO THE JUSTICE DEPARTMENT, IS VERY VALUABLE.
THE OTHER POINT I WOULD MAKE HERE, THE ONE PERSON WHO WAS NOT
THERE ON THE STAGE, AND THAT WAS JACK SMITH.
THAT WAS TO GIVE AT LEAST THE SENSE OF CLARITY THAT THIS IS A
SEPARATE INDIVIDUAL FROM OUTSIDE THE JUSTICE DEPARTMENT WHO IS
COMING TO TAKE THIS MATTER OVER. AND IT'S ALMOST THE BEST OF ALL
WORLDS. AT LEAST IN THE JUSTICE
DEPARTMENT'S PERSPECTIVE, BECAUSE NUMBER ONE, AS HAS BEEN
SAID, HE GETS ALL OF THE STAFF THAT HAVE BEEN WORKING ON THIS
FOR QUITE SOME TIME. AND NUMBER TWO, A FUTURE
PRESIDENT CANNOT REALLY FIRE A SPECIAL COUNSEL EXCEPT SOME
EXTRAORDINARY REASON TO DO SO, LIKE HE LITERALLY SHOWS UP TO
WORK DRUNK OR SOMETHING LIKE THAT.
THE ATTORNEY GENERAL DOESN'T HAVE THE SAME LATITUDE HE WOULD
WITH A SENIOR POLITICAL APPOINTEE.
I KNOW THERE ARE PEOPLE WHO MIGHT CRITICIZE THIS DECISION,
BUT IT HAD TO BE DONE REGARDLESS OF WHAT THE PRESIDENT'S ACTIONS
WERE PREVIOUSLY.