Former Vice President Mike Pence during the 2022 DealBook NY Summit at Jazz at Lincoln Center in New York, Nov. 30, 2022.
While questions linger over pending appeals and potential efforts by some of the witnesses to delay things further by invoking the Fifth Amendment, the developments suggest that Smith is close to finishing the fact-finding phase of his work and is moving closer to a decision about seeking charges against Trump and others.
Among those who have worked with him, Smith is seen as a diligent manager bent on collecting the information needed to make a decision while remaining cognizant of the time pressures and the highly partisan atmosphere in which he is operating. Garland, and his top deputy Lisa Monaco, have publicly projected an air of detachment from the case, but they have been following developments in the privilege fights that have been playing out in the federal courthouse that sits just a few blocks from their office. They have been receiving regular briefings from aides who are getting updates from members of Smith’s team, according to two people familiar with the situation.
Among the first people to engage in this debate were Marc Short and Greg Jacob, two of Pence’s top aides, who went into the grand jury in July and asserted privilege in response to certain questions, prompting prosecutors to file motions compelling their full testimony.
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