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Does AG Garland Need to Appoint A Third Special Counsel To Investigate Potential-Presidential-Candidate Pence?
Reason ^ | 1.24.2023 | Josh Blackman

Posted on 01/24/2023 3:06:31 PM PST by nickcarraway

To maintain the appearance of neutrality, Garland may have to.

Breaking news! Classified documents were found in the home of former Vice President Pence. These documents were discovered by Pence's own teams. But, if the Biden experience has taught us anything, a search by the FBI may turn up more documents.

So what is Merrick Garland to do? Mike Pence very likely may be a presidential candidate for 2024–a candidate who will run against Trump, and potentially Biden. And we know that Garland waited for Trump to announce before appointing a special counsel. Does Garland appoint yet another special counsel to investigate Pence now? Does Garland wait till Pence announces? What a mess.

I highly recommend Jack Goldsmith's guest essay in the Times today. He explains the potential coordination problems between the two current special counsels.

Even if the Trump and Biden investigations turn out to be factually and legally quite different, as it seems they might, the dual special counsel structure will make it hard for the department to portray its decisions as principled. Normally in such prominent side-by-side investigations, an official reporting to the attorney general would ensure that the same legal and discretionary judgments informed decision-making in the two cases. But these decisions are now delegated to the special counsels Jack Smith and Robert Hur, who do not have the incentives or even the mechanism to coordinate their decision making.

Mr. Hur and Mr. Smith will take many public steps along their investigative paths, including a final decision about the presence of any potential criminality and what, if anything, to do about it. These decisions will invariably raise questions about disparate treatment. Yet neither special counsel will be in a position to explain how his decisions are consistent with the other's. Nor can the attorney general obviously do so, since the key decisions are formally out of his control so long as they stay within broad department guidelines. If Mr. Garland does end up defending the coherence of the decisions, some might question the degree to which the special counsels were actually independent.

Now, there might be a third special counsel investigation to coordinate.


TOPICS: Breaking News; Crime/Corruption; News/Current Events; Politics/Elections; US: Indiana
KEYWORDS: classified; justicedepartment; pence; specialcounsel
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To: nickcarraway

where’s John Durham?


21 posted on 01/24/2023 4:02:57 PM PST by MAGAthon
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To: Captain Peter Blood

Heck yea. Start with the peanut farmer.


22 posted on 01/24/2023 4:07:58 PM PST by eyedigress (Trump is my President!)
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To: nickcarraway

I welcome rational debate but I have no use for your personal attack: “Sorry but you are an idiot. The Clintons took tons of classified material. They took classified FBI files on many people.” which was uncalled for.

If you have conclusive evidence the Clintons took “tons of classified material” when they left office I suggest you provide that evidence to the FBI, Department of Justice, and major news networks. There were certainly reports during Clinton years of them having “900 FBI files” in the White House. However, I don’t recall any reports of “tons of classified material” being removed when Bill Clinton left office. Please share your information and sources.


23 posted on 01/24/2023 4:14:20 PM PST by Soul of the South (The past is gone and cannot be changed. Tomorrow can be a better day if we work o)
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To: wardamneagle

“How about a special council to investigate Garland ?”

Exactly my thought too...


24 posted on 01/24/2023 4:16:00 PM PST by Openurmind (The ultimate test of a moral society is the kind of world it leaves to its children. ~ D. Bonhoeffer)
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To: Political Junkie Too

Don’t be surprised if we get there but at the very least Pence deflects attention away from Biden for the moment.


25 posted on 01/24/2023 4:17:03 PM PST by Nextrush (FREEDOM IS EVERBODY'S BUSINESS-REMEMBER PASTOR NIEMOLLER)
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To: Soul of the South

OF COURSE-—IT is The CLINTON’s.


26 posted on 01/24/2023 4:24:06 PM PST by ridesthemiles
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To: nickcarraway

how about we dig up hillary’s back yard!


27 posted on 01/24/2023 4:24:39 PM PST by Samurai_Jack (This is not about hypocrisy, this is about hierarchy!)
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To: nickcarraway

Is there anybody that DOESN’T have classified documents hidden? And if everyone has them, are they really classified?


28 posted on 01/24/2023 4:25:44 PM PST by NTHockey (My rules of engagement #1: Take no prisoners. And to the NSA trolls, FU)
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To: NTHockey
Is there anybody that DOESN’T have classified documents hidden?

Ron DeSantis, I would venture to say.

29 posted on 01/24/2023 4:27:09 PM PST by Golden Eagle (The LGBT indoctrination agenda is designed to outlaw the Bible, and anyone who believes it.)
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To: nickcarraway
To maintain the appearance of neutrality, Garland may have to.

🤣 Ha! 😂 Ha! 🤣 Ha!

"Appearance of neutrality"??? LMAO!!!


30 posted on 01/24/2023 4:46:54 PM PST by airborne (Thank you Rush for helping me find FreeRepublic!)
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To: Jim Robinson

Perhaps a special counsel to investigate special counsels?

Excellent point Jim !


31 posted on 01/24/2023 4:47:57 PM PST by wardamneagle
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To: Captain Peter Blood

What needs to happen is all former presidents and VP’s, need to have their homes and offices searched for any Classified Documents. No doubt there will plenty found and then what is going to happen? Now the DOJ can’t just try and prosecute Trump with these other incidents out there or there is going to be some appeals and this will end up in Supreme Court.

The DOs and Garland are going to look like total fools and idiots now, they are in quite a box.

*************

I also want an investigation of the liberal punk bureaucrats in the NARA bureaucracy.

It doesn’t need to be the DOJ, a House Committee should suffice.

We need to find out why the 45th President was treated differently, than other Presidents who left office with documents.


32 posted on 01/24/2023 4:56:36 PM PST by unclebankster (Globalism is the last refuge of a scoundrel.)
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To: packagingguy

They are he!! bent on taking anyone who opposes them out for good.


33 posted on 01/24/2023 4:59:07 PM PST by Shady (The #JihadJunta: "We are now a nationThat of Men, Not of Laws. You are not as equal as we are...")
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To: packagingguy

They are he!! bent on taking anyone who opposes them out for good.


34 posted on 01/24/2023 5:10:34 PM PST by Shady (The #JihadJunta: "We are now a nationThat of Men, Not of Laws. You are not as equal as we are...")
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To: nickcarraway

I had a sudden weird thought but I don’t take it seriously.
In a Ludlum or Clancy type novel someone really powerful, maybe representing two or more countries, could decide to wipe out the American leadership in a quiet coup without firing weapons. Their stooge will come in later.

Most popular GOP candidate Trump, then current US President Biden, then Pence one by one picked off by scandals. Within a brief time.

Funnier if Kamala in a Chinese silk costume with high collar dictates her decisions to the foreign powers who bow to her.


35 posted on 01/24/2023 5:16:45 PM PST by frank ballenger (You have summoned up a thundercloud. You're gonna hear from me. Anthem by Leonard Cohen)
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To: nickcarraway
Pence will get the same deal as Biden. The Deep State wants both out of the next presidential election.

Why do they want Pence out?

He splits the anti Trump vote.

36 posted on 01/24/2023 5:38:25 PM PST by FreeReign
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To: Captain Peter Blood
all former presidents and VP’s

All? Most of them are long dead. Most of them lived in times when far, far fewer docs were classified, and no one thought to weaponize retention of classified docs for political purposes. This only became a thing last year when the Rats thought they could get Trump. Garland had no choice to appoint one for Biden or totally rip the veneer off the Rats' pretense of even handedness.

37 posted on 01/24/2023 5:44:01 PM PST by Avalon Memories (Liberalism is a philosophy of sniveling brats. -- P.J. O’Rourke)
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To: Avalon Memories

I was referring to those of recent nature and still alive.


38 posted on 01/24/2023 5:49:49 PM PST by Captain Peter Blood
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To: nickcarraway

I did nazi that coming from the gestapo.


39 posted on 01/25/2023 3:19:08 AM PST by Caipirabob (Communists...Socialists...Fascists & AntiFa...Democrats...Traitors... Who can tell the difference?)
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To: Caipirabob; nickcarraway

Oops wrong thread - LMAO!


40 posted on 01/25/2023 3:19:57 AM PST by Caipirabob (Communists...Socialists...Fascists & AntiFa...Democrats...Traitors... Who can tell the difference?)
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