Special counsel shows signs of ramping up Trump investigation

Published

3 years ago

February 19, 2023

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The Justice Department probes into Donald Trump’s conduct appear to be ramping up, as special counsel Jack Smith approaches key allies of the former president with knowledge of his activities surrounding the Jan. 6 Capitol attack and classified documents discovered at Mar-a-Lago in Florida.

In recent weeks, Smith has subpoenaed both former Vice President Mike Pence and then-White House chief of staff Mark Meadows, two figures with strong visibility into Trump’s actions leading up to and on the day of the deadly riot.

The Justice Department has also sought to pierce the attorney-client privilege connected to Trump’s lawyer in the Mar-a-Lago probe, Evan Corcoran, alleging he may have given legal advice in furtherance of a crime.

Approaching high-level targets is often a late-stage move for prosecutors, a sign the investigative stage of Smith’s Jan. 6 work could be winding down.

Meanwhile, the approach with Corcoran relays that the team will take an aggressive posture with anyone involved in the probe they believe may have committed criminal activity.

“We can draw a few conclusions from it that are fairly apparent. One is that Jack Smith is conducting a very aggressive investigation. Issuing a subpoena to an attorney is itself an aggressive step that requires high levels of supervisory approval of the United States Department of Justice,” said Renato Mariotti, a former federal prosecutor.

“I don’t think a prosecutor subpoenas Mike Pence unless they are far along in speaking to a number of other witnesses.”

The tactics are not without their challenges.

Pence has said he will challenge the subpoena, and it’s up to a federal judge to compel testimony from Corcoran.

Still, it’s a sign of progress in the dual probes, including with the Jan. 6 investigation, which has been perceived as presenting a much more complex case for any possible prosecution of Trump.

The documents case largely relies on showing willful retention of national defense information, something observers see as more straightforward given the lengthy battle to secure the return of classified records from Mar-a-Lago. The warrant to search the property also cited potential obstruction of justice.

Trump’s culpability for Jan. 6, however, is more complex, with possible statutes for prosecution requiring the demonstration of Trump’s intent.

“A lot of people believed that because the Mar-a-Lago case would be an easier case to prove that [Smith would] focus attention there and put the January 6 investigation on the back burner or put that second in line, and that has not been the case,” Mariotti said.

“I think it’s evidence that his investigation — at least to this Jan. 6 piece — is fairly far along.”

Danya Perry, a former federal prosecutor, said the moves also show the Mar-a-Lago probe into Trump has not been sidelined by the discovery of classified documents among the belongings of other former presidents.

“Obviously the special counsel has not decided to hang it up, which I think some people thought [he might] when news came out about a number of other former White House officials having classified documents,” Perry said.

“That side of the ledger, the classified documents side, it does seem to be focused on the potential obstruction issues given that he’s been trying to get testimony out of Corcoran.”

For his part, Pence is planning to roll out a novel legal strategy to sidestep the subpoena, one that hinges on his role on Jan. 6 as the presiding officer of the Senate.

His team is expected to argue that under his former position as president of the Senate, his work technically falls under the legislative branch, and he is therefore protected under the “speech and debate” clause of the Constitution, according to a source familiar with the former vice president’s plans.

Investigators likely want to speak to Pence about a number of meetings and conversations related to whether the then-vice president had the authority to buck his ceremonial duty to certify the election.

Mariotti says asking about more widely attended meetings they may have discussed with prior witnesses allows them to “test the veracity of what he says” before asking about conversations that were exclusive to the vice president and Trump.

“The ordinary course would be to interview all those other people, and then try to pursue Mike Pence with the knowledge that you already have from others,” he said.

But Perry warned that the Pence subpoena is no guarantee that Smith has completed his work talking to other witnesses.

“Jack Smith was probably aware that they’re going to invoke executive privilege. And so realized it would be a slog and so maybe wanted to get the ball rolling,” she said.

“Smith has certainly spoken with other witnesses,” she said, but could have initiated a subpoena sooner rather than later with the understanding that “it would be efficient for him to start a court battle now.”

Trump and his side have in some ways been just as aggressive in trying to push back against Smith’s investigations or shape the public narrative around them. The former president has routinely complained about Smith’s wife’s donations to Democratic candidates.

Trump’s team has said it will assert executive privilege over any potential testimony by Pence in the case, and it may seek to do the same should Meadows testify.

One former Trump White House official told The Hill that the former president’s team is confident that revelations that President Biden had classified documents at his home and office from his time as vice president will help shield Trump from possible charges in that matter, despite key differences in the Trump and Biden cases.

The former Trump official acknowledged Smith’s probe into Trump’s efforts to overturn the 2020 election will likely hover over the former president until it concludes, and Democrats and even some Republicans backing other candidates are likely to wield it against Trump on the campaign trail.

But, the official argued, any suggestions that the investigation will end Trump’s candidacy or put him out of politics is just “wishcasting.”

Spokespeople for Trump’s 2024 White House campaign did not respond to requests for comment.

Perry said the process is likely to stretch into the campaign season.

“We’re just at the beginning, I think, of a bunch of fights that are going to play out in front of different courts and probably then travel up and down the court system,” she said, noting the potential for challenges from Pence, Trump and Meadows.

“They are going to play out over many, many months, if not longer,” she said.

“It’s not going to be lightning fast. It’s going to be more glacial.”

And the special counsel’s probes are not the only legal headache for Trump.

This week a judge allowed the partial release of a report compiled by a Georgia grand jury tasked with reviewing Trump’s interference in the state following the 2020 election. Top China diplomat mocks US response to China balloon as ‘hysterical’ Four rail-borne risks moving through American communities

Though the jurors determined the report should be released, Fulton County District Attorney Fani Willis warned that doing so could compromise the proceedings for “multiple” future defendants in a case where charging decisions are “imminent.”

Fulton County Superior Court Judge Robert McBurney largely sided with Willis, determining that only the introduction and conclusion of the report should be released, along with one section discussing potential perjury that did not name any witnesses who appeared before the grand jury.

While the report’s three pages were slim on substantive details, they made two conclusions clear: There was no widespread fraud in the state that could have altered Trump’s loss there, and that at least one witness may have lied to the grand jury.

Politics

Kemi Badenoch refuses to say Tories aiming to win local elections in May

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1 hour ago

December 9, 2025

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Kemi Badenoch refuses to say Tories aiming to win local elections in May

Kemi Badenoch has refused to say that the Conservatives are intending to win next May’s local elections, despite being repeatedly pushed on the issue.

Asked twice to define success for her party at the elections, the Tory leader merely said that she is “going to be fighting for every vote”.

Speaking to Sky News, she added: “Success is going to be people seeing the Conservative Party as the only party that is competent and credible enough to do the tough stuff that this country needs.”

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The comments come as the Conservatives continue to trail in the polls.

New data released by YouGov this morning has put the Tories in third place behind Reform and Labour, a space they have largely occupied throughout the year. The pollster’s weekly voting intention analysis put Ms Badenoch’s party on 18%, down one percentage point.

Ms Badenoch gave a speech on welfare costs in London on Tuesday, where she attacked the government’s plans to tackle child poverty. Afterwards, she sat down with Sky News political correspondent Sam Coates.

Asked about the local elections, she said: “There are going to be local elections all over the country, and there’s a conservative message that I want everyone to hear: Our country’s not working properly.

“There are fundamental things that need to change. We need to create jobs. Otherwise, we’re not going to have money for councils.”

She added: “We’ve seen new parties like Reform come in. They’re making a hash of things at council level. We need to make sure that people can see the benefits of voting Conservative.”

When it was pointed out that she had not defined success as winning the local elections, Ms Badenoch said: “The country is going to decide. We’re going to put out an offer, and we’re going to fight for every vote.”

May will see local council elections, as well as votes for the Senedd in Wales and the Scottish Parliament. They are seen as a crucial moment for the Tory leader – and also for Prime Minister Sir Keir Starmer.

Ms Badenoch also refused to score the party’s performance out of 10, as the year draws to a close, and she marks a little over 12 months as leader.

She told Sky News: “When I look at the historic defeats which Conservatives suffered last year, things are definitely better.”

Challenged on the Tories’ position in the polls, Ms Badenoch said: “Of course, we have a mountain to climb.

“We lost more seats [in 2024] than we’ve ever done in our 200-year history. This was always going to be a long road ahead.”

UK

‘Stakeknife’ spy inside IRA committed ‘worst possible’ crimes and should be named, says report

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1 hour ago

December 9, 2025

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'Stakeknife' spy inside IRA committed 'worst possible' crimes and should be named, says report

A new report into the activities of the top British spy inside the IRA during The Troubles has said that he “committed crimes of the worst possible kind”, including torture and murder, and should be publicly named by the UK government.

It’s widely accepted that the late republican Freddie Scappaticci was the agent, codenamed “Stakeknife”.

He headed the IRA‘s so-called “nutting squad”, a notorious internal security unit tasked with hunting and executing informants, but was himself operating as a mole for British intelligence.

The final report of a seven-year investigation named Operation Kenova has found that “there is a compelling ethical case” to reveal the agent’s identity.

Operation Kenova live: ‘Stakeknife’ spy inside IRA committed ‘worst possible’ crimes

Head of Kenova Sir Iain Livingstone said that “it is in the public interest that Stakeknife is named”. He urged the government to depart from its “neither confirm nor deny” (NCND) policy on the grounds of public interest.

It’s understood that the government believes Stakeknife cannot be officially named at this time due to some outstanding legal issues. Sky News has approached No 10 Downing Street for comment.

Freddie Scappaticci died two years ago denying that he was the agent, but all sides in Northern Ireland accept his denial was false.

The report also found a “significant failure” by MI5 in its late provision of materials to the investigation. “The further material revealed MI5 had earlier and greater knowledge of the agent than previously stated,” the report says.

Sir Ian Livingstone added that “further investigative opportunities were undoubtedly lost”, and that the confidence of the communities in Northern Ireland was undermined. Sky News has approached the security agency for comment.

Stakeknife produced a “vast” amount of intelligence. 3,517 reports from the agent were discovered, including 377 from one 18-month period. But the report found the intelligence was not shared with those who could have used it to save lives.

Analysis: Report exposes failure upon failure, decade after decade

He was the most notorious spy of the Troubles. A vicious spy-catcher who was a traitor himself.

Today’s final report into the activities of “Stakeknife” will continue to gall the victims of the IRA’s brutal internal system of “justice”.

We were familiar with many of its findings from last year’s interim report.

We knew Stakeknife’s record in saving lives – the necessary evil school of thought – was greatly exaggerated, and he actually cost more lives than he saved.

We knew his British security forces handlers failed to use intelligence to save lives, in order to protect their “golden egg” from exposure.

We didn’t know their special unit was called “the rat hole”, or that the agent’s betrayal was effectively carried out for financial reward… details that make the whole episode seem even more sordid.

Relatives of those he helped to murder will be disgusted at revelations that his handlers twice took him on holiday out of Northern Ireland – even flying him on military aircraft – at a time when the police were hunting him for murder.

Even now, after an exhaustive inquiry into his activities, Operation Kenova finds that MI5 are responsible for “a significant failure” in the late discovery of important material – costing the team investigative opportunities.

Failure upon failure, decade after decade.

The time for official silence over the spy’s identity must be over.

The dogs on the street in West Belfast know it was Freddie Scappaticci.

Kenova wants the prime minister to authorise his official naming. With no prosecutions in the offing, and Scappaticci in his grave, it may at least bring some succour to the victims’ families today.

Their loved ones were deemed traitors at the height of a dirty war. Tortured, shot in the head, and dumped.

Funerals were low-key, stigma-bound affairs, often taking place early in the morning, with few attendees. Shame hung over these republican families for years.

The man responsible fled Northern Ireland and died in hiding.

Today’s report contains few shocks, but similarly little comfort for the victims of the nutting squad.

Last year, Operation Kenova’s interim report found the security forces were frequently aware of imminent abductions and murders but failed to protect those at risk.

Today’s report found his army handlers even took Stakeknife out of Northern Ireland for two holidays, at a time when he was sought by police for murder and kidnapping. He was flown on military aircraft and given military ID.

As a result, preventable deaths occurred with the security forces’ knowledge and those responsible were not brought to justice and were instead left free to reoffend.

‘Wholly unjustified criminality’

The 2024 report also concluded that Stakeknife was involved in “very serious and wholly unjustifiable criminality”, including murder, and claims his intelligence saved “countless” or “hundreds” of lives were exaggerated. It found that the number of lives saved by his spying ranged from the high single figures to low double figures.

This contradicted claims that Scappaticci had saved hundreds of lives during the years he was active, with a former defence chief describing him as “the goose that laid the golden eggs”. The interim report found that claim to be “inherently implausible” and “a comparison rooted in fables and fairy tales”.

The 2024 report also called on the UK government to apologise to bereaved families, given that many murders were avoidable.

‘Each evil act being the epitome of cowardice’

There was also a call for an apology from republican leaders for “the most shameful and evil” actions of the Provisional IRA (PIRA). “It was PIRA that committed the brutal acts of torture and murder, each evil act being the epitome of cowardice,” the report stated.

No prosecutions connected with Stakeknife will take place, prosecutors in Northern Ireland have already decided.

Families of IRA victims associated with Stakeknife will give their response to the Kenova report in a news conference later today.

They want Scappaticci to be officially named, and many are seeking an apology from the British government.

UK

Steven Hutton: Three men and one woman jailed over ‘frenzied’ Dundee murder

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1 hour ago

December 9, 2025

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Steven Hutton: Three men and one woman jailed over 'frenzied' Dundee murder

Three men and a woman have been jailed for at least 20 years for the brutal murder of a much-loved son.

Steven Hutton, 43, was hit with a hammer and stabbed in the heart during a late-night home invasion at his flat in Dundee in March 2024.

He was taken to the city’s Ninewells Hospital, but died the following day.

Brian Miller, 29, Scott Henderson, 40, Barry Murray, 45, and Carri Stewart, 44, were on Monday found guilty of murder following a trial at the High Court in Glasgow.

The killers were each handed a life sentence, and will spend at least two decades behind bars.

In her sentencing statement, Judge Lady Haldane said the evidence provided a “compelling picture of a plan to inflict serious violence upon Mr Hutton in his own home”.

The judge described it as a “frenzied assault”, which in part was sparked due to a “missing packet of Pregabalin medication”.

‘Callous’ behaviour

Lady Haldane stated: “Steven Hutton lost his life in these horrific circumstances, compounded by the fact that not one of you sought to seek assistance for him as he lay dying until you were all well clear of the property.

“That is behaviour that can only be described as callous.”

The judge paid tribute to Mr Hutton’s family and friends.

She added: “Those close to Mr Hutton, in particular his mother, have attended faithfully every day of this trial, and their quiet dignity throughout what must have been at times harrowing and distressing evidence stands in stark contrast to your behaviour.

“Mrs Hutton has in addition provided a detailed and moving account of her relationship with Mr Hutton, her only son, and the impact his loss has had upon her.

“I thank her for taking the time to prepare this thoughtful document, and I have taken all that she has said into account.”

Detective Inspector Richard Baird said the killers “now face the consequences of their actions”.

He added: “This was an unprovoked attack that cost Steven Hutton his life. We hope this conviction brings some form of comfort to Steven’s family.”