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Turning Point for Garland as Justice Dept. Grapples With Trump Inquiries

by NEWS DESK
November 28, 2022
in US NEWS
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After Mr. Trump sought an independent review of documents retrieved from Mar-a-Lago, department lawyers discussed sharing several photographs of the seized records to provide visual proof that Mr. Trump had not fully complied with a subpoena in May that required the documents’ return, according to people familiar with the situation.

What to Know About Donald Trump Today

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Donald J. Trump is running for president again, being investigated by a special counsel again and he’s back on Twitter. Here’s what to know about some of the latest developments involving the former president:

Taxes. The Supreme Court cleared the way for a House committee to receive Mr. Trump’s tax returns, refusing his request to block their release in the waning weeks of Democratic control of the chamber. The House had been seeking to obtain the documents since 2019.

Manhattan D.A. investigation. The Manhattan district attorney’s office has moved to jump-start its criminal investigation into Mr. Trump. Prosecutors are returning to the long-running inquiry’s original focus: a hush-money payment to a porn star who said she had an affair with Mr. Trump.

Oman real estate deal. The government of Oman is partnering with Mr. Trump and his family on a $4 billion real estate project in the Middle Eastern country. The deal with a foreign government creates new conflict-of-interest questions for Mr. Trump’s just-launched presidential campaign.

Twitter reinstatement. Elon Musk, who recently bought Twitter, reinstated Mr. Trump to the platform as part of a shake-up of the social media service. Whether Mr. Trump will agree to return to Twitter is not clear. He has started his own social network, Truth Social, in which he has a financial stake.

Mr. Garland signed off on the decision to release a single picture of the files, some bearing high-level classification markings, arrayed on the floor of Mr. Trump’s office — now the defining image of the investigation.

He cast the appointment of Mr. Smith as voluntary, but compulsory, dictated by the section of the law that allows an attorney general to install a special counsel under “extraordinary circumstances.”

Mr. Garland appears to view Mr. Smith as more of an internal decision maker than a public buffer: The attorney general intends to follow the letter of the statute, and will most likely accept Mr. Smith’s findings unless his conclusions are “inappropriate or unwarranted” under the department’s precedents, a person familiar with his thinking said.

Already, Mr. Garland is dealing with two comparable cases, both inherited from the Trump administration, and in each he has appeared inclined to abide by the decisions of the special counsels overseeing the investigations.

Mr. Garland did not, for instance, overrule John H. Durham, appointed under Attorney General William P. Barr to investigate the F.B.I.’s inquiry into the Trump campaign’s links to Russia, when he brought two criminal cases, now widely seen as flimsy, that resulted in acquittals. He has also kept an arm’s length from the investigation of President Biden’s son Hunter by a Trump appointee, David C. Weiss, the top federal prosecutor in Delaware, even though he rejected the idea of appointing a special counsel.

Mr. Smith, who once led the department’s public integrity unit, will oversee the day-to-day operations of the documents investigation, and of the investigation into Mr. Trump’s bid to cling to power after his electoral defeat in 2020. He will make recommendations on whether to prosecute and could produce a report, which the attorney general may make public.

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