Articles on Jack Smith

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Former President Donald Trump speaks at a campaign event in New Hampshire on April 27, 2023. Jabin Botsford/The Washington Post via Getty Images

Do federal or state prosecutors get to go first in trying Trump? A law professor untangles the conflict

If a person – in this case, the former president of the United States – is charged by federal and state prosecutors, or prosecutors in different states, at the same time, which case goes first?
Merrick Garland, center, announcing on Nov. 18, 2022, that he will appoint a special counsel for the Department of Justice investigation into former President Donald Trump. Anna Moneymaker/Getty Images

Special counsels, like the one leading the Department of Justice’s investigation of Trump, are intended to be independent – but they aren’t entirely

Special counsels are not entirely independent, but they do still help administrations avoid the perception of bias.

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