Thank you.
>> The department of justice
investigations into former
president trump are entering a
new phase.
Attorney general Merrick Garland
appointing a special counsel to
oversee two different probes,
interference in the transfer of
power around the counting of the
electoral college votes, and
handling of classified documents
of trump's Florida home.
Our correspondent has more
details.
>> The attorney general said
he's taking this step to keep
the investigation separate from
politics.
>> Based on recent developments,
including the former president's
announcement he's a candidate
for president in the next
election, and the sitting
president stated to be a
candidate, as well, I have
concluded it is in the public
interest to appoint a special
counsel.
Such an appointment underscores
the department's commitment to
both independents and
accountability, particularly
sensitive matters.
>> Garland named jack Smith.
He will determine whether to
recommend criminal charges
against the former president.
Following this closely is chuck
Rosenberg.
These are kind of uncharted
types of investigations.
Both essentially whether a
former president, sitting
president harmed or risked this
country while in office.
But the idea of a special
counsel is not entirely new.
It is not independent.
How will it effect the
investigations?
>> You are right.
These are unprecedented
circumstances.
Think of it this way.
There has been an ongoing
investigation.
FBI agents and prosecutors have
been working on this for quite
some time.
The new special counsel is going
to be hopping aboard a moving
bus.
It might slow down a little bit
to get him up to speed.
But it is going to move forward.
He is going to learn the case
quickly.
He also has a team of people who
know the facts and can get him
up to speed.
>> Former president trump has
responded to fox digital saying
it is unfair and political.
What can you tell us about the
special counsel and how's he's
handled high-pressure,
high-stakes to pressure
investigations in the past?
>> Neither unfair nor political.
Jack Smith has a reputation as
an outstanding prosecutor in the
eastern district of New York and
Brooklyn and as the head of the
public integrity section of the
department of justice.
He's handled big cases well and
efficiently.
He will do the same here.
It does not foreshadow an
outcome.
His job is not to indict people.
Although that may happen.
His job is to follow the facts
and the law and make
determinations about whether or
not folks should be charged.
>> We will talk about the
determinations many months
ahead.
Can you help us as a prosecutor,
what do you think is involved in
a potential case about trying to
overturn or interfere in
election?
How high of a bar is there for
charges?
>> If you talk about that type
of case, you have to prove
intent.
Intent is always hard to prove.
The way you do that is by
talking with people around Mr.
Trump, who spoke to him, who
knows what he wanted and what he
thought.
Working your way up through many
witnesses, essentially up a
ladder how far up you get, we
don't know yet.
But proving intent is always a
difficult task for federal
prosecutors.
Not impossible, but difficult.
>> A lot of his own words could
come into play.
The attorney general felt the
special counsel was needed in
extraordinary circumstances.
You disagree?
>> I do.
This is a case the department of
justice should do.
But I think Merrick Garland is a
very principled, honest,
honorable man.
The fact they disagree with his
decision does not change any of
that.
Here's the problem.
An independent counsel, they had
full autonomy.
A special counsel, Bob muller
and Russian interference in
2016.
Had a lot of independents, but
not full at Anna B.
We toggle back and forth between
too much Independence and not
quite enough.
At the end of the day, Merrick
Garland still owns this
decision.
At the end of the day, he makes
the final determination.
I don't think he's purchasing
that much distance between
himself and the special counsel.
>> Rolling off this
investigative part.
>> He is.
Jack Smith will be an
independent actor up until the
end when determinations and
decisions have to be made.
Those decisions will rest with
Merrick Garland.
>> Doesn't need to happen before
the presidential election?
We have seen a justice
department sensitive to that.
>> The way to think about it,
the sooner the better.
A special counsel can outlive
and administration.
John Durham was appointed
special counsel by bill Barr.
Still working under the
supervision of Merrick Garland.
>> At this point, it is clear a
former president can be charged
for a crime?
>> Absolutely, if they can prove
it and the facts support it.