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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: frank ballenger
"I have a feeling there is a brooding weirdo beneath the Puritan schoolmaster facade."

Ummm... Straight from someone who knows him directly, a former employee at the law-firm he worked at with direct dealings with him all day every day, and this is from her own lips:

"No way in hell would I vote for him, ever, for even Dog Catcher."

He is not in private what he appears in public.

41 posted on 01/25/2023 6:01:08 AM PST by Abathar (Proudly posting without reading the article carefully since 2004)
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To: nickcarraway

Don’t call Zelensky and ask him to look into any specific allegations, Joe. He might be a candidate, so you’d get impeached./riiiiight.


42 posted on 01/25/2023 6:36:57 AM PST by Eleutheria5 (Every Goliath has his David.)
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To: nickcarraway

43 posted on 01/25/2023 6:40:24 AM PST by xzins (Retired US Army chaplain. Support our troops by praying for their victory. )
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To: Soul of the South

44 posted on 01/25/2023 6:46:14 AM PST by shooter223 (the government should fear the citizens......not the other way around)
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We want to know who is vaccuuming the Choom Room in Kalorama for SCIF and seeds right now. We have a right to know.
45 posted on 01/25/2023 7:10:06 AM PST by StAnDeliver (Tanned, rested, and ready.)
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To: MAGAthon

Holding the football for Charlie Brown


46 posted on 01/25/2023 7:31:15 AM PST by PatriotarchyQ
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To: Libloather

I agree with you. But at this point Hussein is probably untouchable. He’s in the middle of all the treachery.


47 posted on 01/25/2023 8:01:41 AM PST by laplata (They want each crisis to take the greatest toll possible.)
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To: nickcarraway
Hey, Garland! Workload getting to ya?


48 posted on 01/25/2023 9:24:15 AM PST by Diana in Wisconsin (I don't have, 'Hobbies.' I'm developing a robust Post-Apocalyptic skill set. )
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To: nickcarraway

It all just seems a little too strange. Secretary of State Hillary Clinton had her unencrypted private server and her non-secure cell phone and HER attorneys were allowed to go through and pick and choose what to delete (33,000 emails!) and what TEAM CELL PHONES TO SMASH (and they had no security clearances), yet no FBI raided HER house.....and no repercussions happened there. James Comey even gave her his Absolution on national TV!

On the other hand, President Trump had a locked-up storage closet, and the FBI knew his files were locked up, AND GUARDED BY SECRET SERVICE AGENTS, yet they still raided his house and DID NOT let his attorneys into the house to observe anything!

And now we have ol’ Slow Joe where, once again, HIS attorneys are allowed to search for documents, with NO security clearances, and without even Visitor Logs at his locations! Hunter and his prostitutes were ALONE with those documents at Joe’s mansion MANY times. He even drove the Corvette parked next to where the classified documents were stored in the garage! And Biden’s Secret Service protection ended after only 6 months when he was VP, so NO ONE was guarding them, after that.

No, Merrick Garland, NO judicial system can say there was fair and equal treatment....unless that judicial system is ITSELF corrupt.


49 posted on 01/25/2023 10:48:25 AM PST by 2harddrive (FREE 3D-printable Firearm blueprints available here: https://drive.google.com/drive/mobile/folders/)
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To: Abathar

Wow.
I just wondered because of local news stories from time to time featuring lurid revelations about “the local scout leader and minister.”


50 posted on 01/25/2023 1:20:00 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

.


51 posted on 01/26/2023 1:51:49 PM PST by sauropod (“If they don’t believe our lies, well, that’s just conspiracy theorist stuff, there.”)
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