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The Conversation
The Conversation
Joshua Holzer, Assistant Professor of Political Science, Westminster College

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

Donald Trump Department of Justice Merrick Garland Jack Smith William Barr Robert Mueller Richard Nixon Archibald Cox Elliot Richardson Joe Biden
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

When Attorney General Merrick Garland appointed veteran prosecutor Jack Smith as special counsel to oversee two criminal investigations into former President Donald Trump on Nov. 18, 2022, Garland’s goal was to shield the probes from the appearance of partisanship.

But in immediate and repeated attacks, Trump, and some of his allies, alleged political bias anyway. For instance, in one highly charged social media post, the former president argued that he won’t “get a fair shake from” Smith.

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