Merrick Garland on Jack Smith

Merrick Garland, in his capacity as Attorney General, formally appointed Jack Smith as Special Counsel on November 18, 2022, to investigate two specific matters: the ongoing investigation into efforts to interfere with the lawful transfer of power following the 2020 presidential election, and the inquiry concerning the handling of classified documents after the end of the former president’s administration. This decision reflected Garland's core position that the Department of Justice must maintain impartiality and avoid even the appearance of political influence in sensitive investigations, especially those involving high-profile political figures. The appointment was a formal acknowledgment that the department needed an independent figure to shepherd these politically charged cases to their conclusion, signaling a commitment to upholding the rule of law regardless of political considerations.

Subsequent to the appointment, Garland's public statements and actions have consistently centered on defending the independence and integrity of the Special Counsel’s office. When facing pressure, particularly from members of Congress and the subject of the investigations, he reiterated his pledge to protect the independence of the Special Counsel’s work, a stance that has drawn both praise from those demanding accountability and criticism from those alleging overreach. Furthermore, the Attorney General has navigated demands for the full release of Special Counsel Smith's reports, often balancing transparency against the need to protect ongoing internal Department of Justice processes and information, such as when announcing the partial release of a volume of a report in January 2025.