What is the Department of Justice going to do with the investigation into failed former President Donald Trump? Particularly if Donald Trump announces soon as he is expected to do potentially on Monday, November 14, that he’s going to be running for re-election? Let’s take it step by step. First and foremost, it has been stated and restated by the Attorney General Merrick Garland that Trump running for reelection, not reelection. Trump running again, I guess, better said, for his second potential term will not impact and in particular, will not dissuade the Department of Justice from investigating and/or charging and/or prosecuting Donald Trump. Merrick Garland made that clear. 

There are…that being said…there are legal questions as to…will there have to be particularly careful handling of a potential Trump prosecution by a democratically-appointed attorney general, when the prosecution is of a potential Republican presidential nominee? This is absolutely what Donald Trump is hoping for  in the sense that Trump believes, maybe not completely incorrectly, that it would be potentially more red-alarm raising for the attorney general appointed by Joe Biden to be prosecuting criminally, a man who is potentially going to be up against Joe Biden in November of 2024. However, Merrick Garland has already thought of this potential scenario and we now have recent reports that if indeed, Donald Trump announces on November 14, or whenever that he is running for president once again, and prosecution is what the Department of Justice determines is appropriate as the next step legally, that a special counsel would be appointed. 

And, of course, there is no doubt that no matter who Merrick Garland selects to be that special counsel, if indeed he does, Trump and republicans will say it’s a biased actor, it’s a democratic activist, it’s an anti-MAGA or whatever the case may be. Trump’s going to say that regardless of who it is. But it does give you at least the plausible argument that this isn’t about Merrick Garland’s politics. Merrick Garland had investigators do the investigation, determine what’s the evidence? Is it likely, does it appear as though a crime has been committed here? And if indeed the answer is yes, then they move forward with charges. But maybe it’s the special counsel that ultimately makes that decision. 

Now, this could backfire pretty dramatically. And the way that this could backfire dramatically is sort of the way it backfired with Robert Mueller. Remember, Robert Mueller’s final report did not clear Trump. And in fact, it said, we, if we could say he didn’t obstruct, we would say it. We can’t say that. Because it’s not clear that he didn’t obstruct. But Trump and William Barr and Hannity and all of them took this nationwide victory tour on the basis of “well, big charges against Trump didn’t come from it.” So that’s the risk of the special counsel, that it puts even more of a spotlight on this investigation. And no matter what happens, unless they charge Trump with with murder, which we don’t believe he committed, it always is going to be the reaction of

a special counsel for this. A special counsel for these small crimes. Now understand, we know Trump is being investigated potentially for violations of the Espionage Act, as well as a bunch of other crimes, including things that he said Hillary Clinton couldn’t be trusted with, like the handling of classified documents. Put that out of your head for a moment. We are going to see one of the…if you thought the activation against the impeachments one and two, and the Mueller probe were big by the Right, I would be worried will they get violent if Donald Trump is prosecuted. 

And this is one of those things that’s always tough to talk about, because I don’t want to give people ideas. I don’t want to suggest to people, “Hey, maybe you want to get violent,” but of course, they’re already thinking of that. That’s the reality. And that is a very scary thing. And depending on what happens in the midterm elections, and then the timing of Trump’s announcement, and then whatever happens with the DOJ. Special counsel, it’s a given you’re going to need one. But the bigger question is, how is the MAGA right going to react and it could be quite scary and that’s quite frankly, what scares me the most. We’re going to follow all of it but it all has to be done in sequence. The RNC said to Trump, “Don’t announce before the midterms or we will cut off paying for your legal fees.”

Doesn’t seem Trump’s doing that. But the belief is November 14, he will officially be running for president again.