Geoff: We returned to attorney
general Merrick Garland's
appointment of a special counsel
to head up investigations
involving former president
Donald Trump.
Marlon tapped longtime former
prosecutor jack Smith to oversee
the retention of national
defense information at trump's
more logic -- mar-a-lago resort.
Smith has investigated war
crimes at the international
criminal court, and he
investigated public corruption
cases as head of the doj public
integrity section.
His career as a prosecutor spans
some 30 years.
His appointment came three days
after trump launched his third
run for the white house.
For more on this we turn to
acting U.S. Solicitor general.
It is always great to have you
on the program.
Neil: Thank you for having me.
Geoff: You helped write the
special counsel regulations.
Given that, do you see this as a
necessary step?
Neil: I don't see it as
necessary.
I think I could understand it.
In the end, I think it is a
mistake for the attorney general
to do so.
Special counsel regulations are
designed to prevent a government
cover-up.
The ideas we were worried about
in 1990 nine was an attorney
general might not be willing to
investigate his boss or others
at the white house who were
responsible for his elevation to
be the attorney general.
What the regulations provided
for the attorney general to go
outside the department and have
the investigation by someone
else.
Here, that investigation,
particularly into mar-a-lago
stolen, classified documents,
that investigation has already
basically happened.
You don't have the fears of a
cover-up you did.
The idea that attorney general
Garland said, there might be a
conflict of interest.
Former president trump has
announced he is running for
office.
To me, it doesn't hold water.
That is not the type of conflict
we were thinking about.
Geoff: Is the attorney general
doing this for appearances then?
Neil: I can't speak to it.
I have great respect for the
attorney general.
If it is based on appearances, I
don't think this is likely to
reduce any of the criticism that
he is likely to face.
Under the special counsel
regulations, if the special
counsel does call for an
indictment, who has to sign off
on it?
Merrick Garland.
He is in the thick of it no
matter what.
We know Donald Trump and his
allies will attack anyone
including president trump's own
former vice president, Mike
pence, if they feel like trump
spitting is not being done --
trump's bidding is not being
done.
Jack Smith is in a torrent --
extraordinary attorney.
I don't think it was a necessary
thing to do.
Geoff: What more could you tell
us about jack Smith?
Neil: He ran the public
integrity segment of the justice
department.
That is a small, elite office
designed to go around the
country and make sure public
officials aren't corrupt, aren't
engaged in wrongdoing.
The people who work in that
office, who have run that office
in the past are legendary people
like Eric Holder, just to take
one example.
I think it is a good sign.
It is also a good sign he has
investigated war criminals and
high-ranking people.
He has that kind of experience.
A big concern here is the delay
bringing someone new will bring
to the investigation.
With respect to the mar-a-lago
piece, it seems to me a fairly
open and shut case.
The proof will be in the
pudding.
I sure hope Mr. Smith reaches a
decision soon.
On the other half of the
investigation of January 6 and
president's possible involvement
and complicity in those horrific
events, those will take more
time.
That is understandable.
We should let the hardness of
the second one interfere with
the quick need for a decision in
the first part.
Geoff: A question about the
timeline, one of the reasons
Donald Trump announced a
reelection bid in the first
place according to people close
to him was to insulate himself
from prosecution and at the very
least delay an indictment.
How does the appointment of a
special counsel affect the pace
of the ongoing investigations?
There is analysis out there that
suggests this could actually
speed things up.
Neil: That is the $64,000
question.
Bringing in someone new at this
stage will speed things up.
I don't understand the case for
that.
One of the reasons I'm so
critical of the attorney
general's decision is I feel
like it is rewarding Donald
Trump for this maneuver on
Tuesday, announcing his election
early.
At the end, I don't think it
will prevent it from happening.
You don't have some get out of
jail immunity card because you
are running for office.
What it has done is create new
procedural hoops that need to be
jump through.
Those hoops will be jumped in
really quickly by Mr. Smith.
The clock is ticking.
If we don't have a criminal
trial in short order it risks
the four election.
Geoff: Thanks for being with us.
We appreciate your insights.