Washington
CNN
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As Donald Trump inches closer to launching another presidential run after the midterm election, Justice Department officials have discussed whether a Trump candidacy would create the need for a special counsel to oversee two sprawling federal investigations related to the former president, sources familiar with the matter tell CNN.
The Justice Department is also staffing up its investigations with experienced prosecutors so it’s ready for any decisions after the midterms, including the potential unprecedented move of indicting a former president.
In the weeks leading up to the election, the Justice Department has observed the traditional quiet period of not making any overt moves that may have political consequences. But behind the scenes, investigators have remained busy, using aggressive grand jury subpoenas and secret court battles to compel testimony from witnesses in both the investigation into Trump’s efforts to overturn the 2020 election and his alleged mishandling of national security documents kept at his Palm Beach home.
Now federal investigators are planning for a burst of post-election activity in Trump-related investigations. That includes the prospect of indictments of Trump’s associates – moves that could be made more complicated if Trump declares a run for the presidency.
“They can crank up charges on almost anybody if they wanted to,” said one defense attorney working on January 6-related matters, who added defense lawyers have “have no idea” who ultimately will be charged.
“This is the scary thing,” the attorney said.
Trump and his associates also face legal exposure in Georgia, where Fulton County District Attorney Fani Willis is investigating Trump’s efforts to overturn the 2020 election in the Peach State and expects to wrap her probe by the end of the year.
Indicting an active candidate for the White House would surely spark a political firestorm. And while no decision has been made about whether a special counsel might be needed in the future, DOJ officials have debated whether doing so could insulate the Justice Department from accusations that Joe Biden’s administration is targeting his chief political rival, people familiar with the matter tell CNN.
Special counsels, of course, are hardly immune from political attacks. Both former special counsel Robert Mueller’s Russia investigation and special counsel John Durham’s investigation into the origins of the FBI’s Russia probe came under withering criticism from their opponents.
The Justice Department declined to comment for this story.
The Justice Department has brought in a brain trust for high-level advice on the Trump investigations, according to people familiar with the moves.
Top Justice officials have looked to an old guard of former Southern District of New York prosecutors, bringing into the investigations Kansas City-based federal prosecutor and national security expert David Raskin, as well as David Rody, a prosecutor-turned-defense lawyer who previously specialized in gang and conspiracy cases and has worked extensively with government cooperators.
Rody, whose involvement has not been previously reported, left a lucrative partnership at the prestigious corporate defense firm Sidley Austin in recent weeks to become a senior counsel at DOJ in the criminal division in Washington, according to his LinkedIn profile and sources familiar with the move.
The team at the DC US Attorney’s Office handling the day-to-day work of the January 6 investigations is also growing – even while the office’s sedition cases against right-wing extremists go to trial.
A handful of…
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