Multiple congressional Republicans have lashed out at President Joe Biden after Donald Trump's indictment this week, suggesting that Biden had played a role in charging his political rival.
A grand jury indicted Trump on four charges in the Capitol siege probe on Tuesday, which included conspiracy to defraud the United States; conspiracy to obstruct an official proceeding; obstruction of and attempt to obstruct an official proceeding; and conspiracy against rights.
The charges against Trump, the Republican frontrunner in the 2024 presidential race, stem from the federal investigation led by Special Counsel Jack Smith into the former president's alleged involvement in efforts to overturn the 2020 presidential election results on January 6.
Trump has denied all wrongdoing and responded on his social media platform, Truth Social, labeling the indictment "fake" and attacking Smith.
Republicans Blame Biden
In the aftermath, several congressional Republicans suggested that Biden was the puppetmaster behind the charges.
Senator J.D. Vance, an Ohio Republican, issued a statement on Twitter, on August 1 that read "Joe Biden is indicting Donald Trump (again) because he's losing in this presidential race.
Fellow Senator Marsha Blackburn, a Tennessee Republican, tweeted that same day that: "Biden's abusing two tiers of justice to target his greatest political opponent."
Rep. Marjorie Taylor Greene, from Georgia, added to the accusation, posting on August 2, that "Innocent individuals, including former President Donald J. Trump, are being unjustly targeted by a Department of Injustice and an FBI transformed into political hitmen, acting at the behest of the sitting president."
Can Biden Order Smith?
Much like the previous accusations of Biden's collusion, there are several layers of independence baked into Special Counsel Smith's investigation and the process surrounding the indictment that ensures its autonomy from the president.
Smith's appointment was made precisely for the purpose of investigative independence and preventing interference even within the DOJ itself, let alone from the presidency.
Professor Blake Emerson of the UCLA School of Law told Newsweek, Smith is "protected by regulation from daily supervision by the attorney general, and thus by the White House."
"He is not removable at will by or accountable to the president," Emerson added. "The president has no legal authority to direct his activities and there is no evidence he has attempted to do so."
Professor Jon D. Michaels, also a professor of law at UCLA, told Newsweek that the DOJ specifically appointed a Special Counsel "to ensure there'd be no appearances of political interference; absent any evidence to the contrary."
Michaels added: "The only thing illuminating about the tweets was that the legislators were making baseless, feckless, and arguably reckless allegations without any evidence that such exceptions or loopholes exist as a matter of law, let alone that they were exploited in this instance by the White House."
Moreover, as stated by Smith on Tuesday, the indictment was issued by a grand jury, which is made up of an impartial body of citizens who have the power to issue subpoenas or issue an indictment.
What About the Wider DOJ?
Biden selected Attorney General Merrick Garland, though his appointment needed Senate approval.
Former U.S. Attorney Paul Charlton, a partner at Dentons US LLP, previously told Newsweek that while the attorney general is a cabinet official subordinate to the president, "by long-standing tradition, the Department of Justice and its leader, the attorney general, have insisted on and operated with a greater degree of independence."
"The president may direct the attorney general on policy issues. [For example] The Clinton administration asked Janet Reno to focus on environmental issues and she complied," Charlton added.
"But a president may not direct specific cases, investigations or prosecutions."
Newsweek has contacted the White House and the Department of Justice via email for comment.
Uncommon Knowledge
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
