This fact pattern appears strong, certainly much stronger than Trump’s efforts to undermine the special counsel’s work. His charge of political interference, likethat any Trump charges are just payback by Attorney General Merrick Garland for Republican obstruction of his Supreme Court nomination, ring hollow to any fair-minded observer.
Garland’s appointment of Smith, an independent, was meant in part to reassure the country that the investigations are being conducted fairly and appropriately without regard to partisan politics. As special counsel, Smith is not subject to the day-to-day supervision of any person at the Justice Department.
That type of personnel move is illustrative of how the Garland Justice Department operates, and how every Justice Department should. In my two years there, I saw Garland put in place people and processes to ensure the rule of law — treating like cases alike — is re-infused into every aspect of the department. Smith, and what the public record indicates about his work, fits that mold.
Now Trump’s fate, and potential freedom, lies in his hands. “As special counsel, he will exercise independent prosecutorial judgement to decide whether charges should be brought,”If past is prologue, Trump will fill the coming hours or days with more of the same bombastic, irresponsible and erratic language and behavior we saw leading into his indictment in Manhattan.
These actions and comments may allow him to drive a media cycle or two. But don’t be fooled: Smith and Willis’ investigations appear poised to usher in a new season of accountability for Trump. And his best efforts to distract the country, play the victim and politicize the moment cannot change that.