Jack Goldsmith: “If Mr. Garland decides that a criminal investigation by Mr. Trump is justified, the provisions of the Ministry of Justice require him to appoint a special lawyer if the investigation is a conflict of interest for the ministry and if Mr. Garland believes that such an appointment would be in the public interest.
“The department is probably facing a conflict of interest. Mr. Trump is a political opponent of Mr. Garland’s boss, President Biden. Mr. Mr. Trump is also Mr. Biden’s most likely political opponent in the 2024 presidential election. Garland’s verdicts affected the political destiny of Mr. Biden and his own eventual tenure. The onset of the conflict escalated when Mr. Biden reportedly told his inner circle that Mr. Trump was a threat to democracy and had to be tried and complained about. Garland is dealing with this issue. “
“Even if it contradicts, sir. Garland could retain full control of Mr. Trump’s legal destiny if he believes that a special lawyer will not serve the public interest.