Garland's decision to appoint a special counsel was first reported by the Wall Street Journal. Given that Garland was appointed by President Joe Biden, naming a special counsel would give Garland more distance from the investigation into Trump, who could be Biden’s rival if the president decides to run for re-election. Trump was previously under investigation by former special counsel Robert Mueller, who issued his report in 2019 focusing on Russian interference in the 2020 election and Trump’s efforts to interfere with the Justice Department investigation. Garland said he was confident in the DOJ's ability to investigate Trump, but, "I also believe that appointing a special counsel at this time is the right thing to do. Garland added that he will ensure Smith “receives the resources to conduct this work quickly and completely.”

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