The Washington PostDemocracy Dies in Darkness

Trump’s 2024 candidacy won’t stop Justice Dept. criminal probes

Officials have discussed whether a special counsel should be appointed as Trump runs. But some legal experts think it’s too late for that.

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Updated November 15, 2022 at 9:36 p.m. EST|Published November 15, 2022 at 9:30 a.m. EST
Attorney General Merrick Garland in his office at the Department of Justice in May. (Jabin Botsford/The Washington Post)
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Donald Trump’s just-announced 2024 presidential bid won’t protect him from criminal probes but could complicate the decision-making process at the Justice Department, as senior officials strive to show that investigating a political figure is not the same thing as a political investigation.

Privately, Justice Department officials have discussed the possibility of appointing a special counsel to take over investigations involving Trump — such as the Mar-a-Lago classified documents case or the attempts to prevent Joe Biden from ascending to the presidency after the 2020 election — if Trump formally declares himself a 2024 presidential candidate, people familiar with the matter said.