PHILADELPHIA (KYW Newsradio) — U.S. Attorney General Merrick Garland, the nation's top law enforcement official, was in Philadelphia on Tuesday when a third criminal indictment against former President Donald Trump was announced.
After spending some time with city leaders and community members in North Philadelphia for National Night Out, Garland was asked if the indictment marked the end of Special Counsel Jack Smith's investigation, or if more people would be charged. Garland did not answer that reporter's question directly, but he did make a brief statement.
He said, right after Jan. 6, the DOJ started "the largest investigation in our history." Then he said he appointed Jack Smith as special counsel to "underline the department's commitment to accountability and independence."
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"Mr. Smith and his team of experienced, principled career agents and prosecutors have followed the facts and the law wherever they led."
He then said any questions will have to be answered in the courtroom, and he did not comment further.
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Among those who did comment were Republicans running against Trump for the GOP nomination for president. That includes ally-turned-critic former New Jersey Gov. Chris Christie. On Twitter, Christie said of Trump, "He swore an oath to the Constitution, violated his oath and brought shame to his presidency."
Legal experts are saying this indictment sets the stage for what will be a fascinating legal battle.
One of the allegations in the indictment accuses Trump of a scheme to enlist officials in Pennsylvania and six other states he lost to have them submit certificates on Jan. 6 to Congress saying he'd actually won.
Criminal Defense Attorney Louis Busico says the 2020 election was unprecedented, during a pandemic, with states like Pennsylvania using no-excuse mail-in ballots for the first time.
He says federal prosecutors will have a high bar to prove Trump’s intent, that he knew what he was saying was false. Busico worries what precedent this sets.
“If we become a country that files charges against former presidents and current candidates for our highest office, we are really losing our democracy.”
Mark Aronchick was the lead attorney for Philadelphia when the Trump campaign challenged the 2020 election results. He calls this the most important indictment in American history, as it focuses on the rights of voters and the peaceful transfer of power.
"It's hard to imagine anything more important than what's at issue in this indictment," he said.
He says he recalls when a federal judge tossed the Trump campaign’s claims of fraud in Pennsylvania, calling them “a stitched-together Frankenstein monster.”
Busico is worried about the trial taking place during a presidential election, but Aronchick feels this "should be aired out publicly before the next election so that voters can make informed decisions about what they want to do in the presidential election.”
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