Smith’s laudable instinct to pursue his investigation wherever the facts lead could become a recipe for serious delay.
. But Smith’s federal investigations should be of primary importance, as only those probes can comprehensively redress the illegal efforts to undermine our democracy on Jan. 6 and the national security risk of retaining classified documents at Mar-a-Lago.
The diversion of time to investigate financial fraud is not inconsequential if it leads to further delays in the ultimate decision of whether Trump should be indicted.By diverting prosecutorial resources and focus, Smith is also exceeding the scope of the authority vested in him by Attorney General Merrick Garland. No matter how powerful a potential fraud case may ultimately be, this inquiry does not fit within Smith’s assignment to investigate interference with the transfer of power, the Jan.
Even adhering to the parameters of his actual appointment, the scale of potential misconduct is breathtaking if he must truly determine whether “any person or entity” sought to interfere with the transfer of power. The potential suspects for just this piece of Smith’s investigation range from Justice Department officials in Trump’s administration to his White House staff to fake electors in multiple states to political operatives.
To be fair, seemingly little had been accomplished by the Justice Department before Smith’s appointment last November. Since his appointment,He has vigorously litigated to force witnesses to testify in the grand jury by obtaining court rulings denying claims of executive and attorney-client privilege. The grand jury testimony of
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