US attorney general names special counsel to weigh charges against Trump

Merrick Garland, the US attorney general, has appointed a special counsel to determine whether Donald Trump, the former president, should face criminal charges stemming from investigations into his alleged mishandling of national security materials and his role in the January 6 attack on the US Capitol.

The politically explosive move comes just three days after Trump announced he is running for the White House yet again, despite a disappointing Republican performance in the midterm elections, especially among candidates backed by the ex-president.

The appointment of a special counsel reflects the sensitivity of the justice department overseeing the two most hazardous criminal investigations into Trump, and an increased possibility of charges being brought over either matter.

Special counsels are semi-independent prosecutors who can be installed for high-profile investigations when there are conflicts of interest, or the appearance of such conflicts, and provide a mechanism for the justice department to insulate itself from political considerations in charging decisions.

Smith, a graduate of Harvard law school, from 2010 to 2015 served as the chief of the public integrity section at the justice department, which handles government corruption investigations, a role not dissimilar to his new position as special counsel.

During his time at the justice department in Washington, Smith oversaw the corruption cases against former Virginia governor Bob McDonnell, ex-Arizona congressman Rick Renzi and New York assembly speaker Sheldon Silver, though convictions against McDonnell and Silver were later overturned.

And Smith has also investigated Trump before, in the 1970s, over potential fraud charges during his tenure as a prosecutor in New York. The roughly six-month investigation ultimately yielded no charges, after which Trump complained about the investigation.

Politico reported that Smith was registered to vote as a political independent, not a Democrat or a Republican.