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Reason

Politics

Josh Blackman

Does AG Garland Need to Appoint A Third Special Counsel To Investigate Potential-Presidential-Candidate Pence?

Merrick Garland Mike Pence Donald Trump Joe Biden Jack Smith Robert Hur

Breaking news! Classified documents were found in the home of former Vice President Pence. These documents were discovered by Pence's own teams. But, if the Biden experience has taught us anything, a search by the FBI may turn up more documents.

So what is Merrick Garland to do? Mike Pence very likely may be a presidential candidate for 2024–a candidate who will run against Trump, and potentially Biden. And we know that Garland waited for Trump to announce before appointing a special counsel. Does Garland appoint yet another special counsel to investigate Pence now? Does Garland wait till Pence announces? What a mess.

I highly recommend Jack Goldsmith's guest essay in the Times today. He explains the potential coordination problems between the two current special counsels.

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