The New York Times late Tuesday afternoon published two separate reports revealing previously unknown details from Special Counsel Jack Smith’s double-pronged investigation into Donald Trump’s likely unlawful actions, including that investigators have interviewed or subpoenaed approximately two dozen people who are among those who know the ex-president best: Mark Meadows, Trump’s final White House Chief of Staff, and “more than 20” of the ex-president’s Secret Service agents.
The Times, pointing to the “surprise revelation” that a federal grand jury has been convened in Florida, reports Meadows has testified before the grand jury, presumably in Washington, D.C. The 20 or more members of the ex-president’s Secret Service detail have either testified before the D.C. grand jury or been subpoenaed to do so.
Meadows is a “key witness” who allegedly was intimately aware or involved in Trump’s efforts to overturn the 2020 presidential election, and he is believed to also have knowledge of the ex-president’s likely unlawful handling of classified and top secret documents.
Suggesting there could be “unknown complexities” with the revelation of a Florida grand jury, The Times reports Special Counsel Jack Smith’s D.C. grand jury appears to have stopped hearing testimony recently from witnesses, while the one in the Sunshine State “began hearing evidence last month,” but has seen “only a handful of witnesses.”
Based on “people familiar with the matter,” The Times explains, “if both grand juries are in operation, it suggests that prosecutors are considering bringing charges in both Washington and Florida. It is possible that Mr. Trump could be charged in one jurisdiction while other people involved in the case are charged in the other.”
“But if only the Florida grand jury is currently hearing testimony, it suggests two possibilities,” The Times explains. “One is that the investigation in Washington is largely complete and that prosecutors are now poised to make a decision about bringing charges there while still weighing other potential indictments in Florida.”
Other possibilities are that the Special Counsel believes Florida is the proper venue to file charges against Trump, in the documents probe, or even that the Florida grand jury was convened to accommodate “local witnesses.”
But former Deputy Asst. Attorney General Harry Litman told MSNBC’s Nicole Wallace Tuesday that if the Special Counsel files charges in the wrong venue, the entire case “can go away” and cannot be retried.
“I think Smith has made all his decisions,” Litman added. “The fact that there was this meeting yesterday, only happens when everything’s final. I think there’s a draft indictment and everything, but a very important strategic decision is venue, and I think that they’re pursuing something separate in the Southern District of Florida.”
Meanwhile, The Times notes that “Mr. Meadows has kept largely out of sight, and some of Mr. Trump’s advisers believe he could be a significant witness in the inquiries.” Apparently, even Trump has “at times asked aides questions about how Mr. Meadows is doing, according to a person familiar with the remarks.”
Meadows’ attorney, George Terwilliger, played coy when asked about his client’s possible grand jury testimony. Terwilliger told The Times, “Without commenting on whether or not Mr. Meadows has testified before the grand jury or in any other proceeding, Mr. Meadows has maintained a commitment to tell the truth where he has a legal obligation to do so.”
In addition to his knowledge, if not participation in efforts to overturn the election, and his knowledge of Trump’s mishandling and possible attempts to obstruct the Dept. of Justice’s investigation into the classified documents, Meadows “tangentially” is involved in a meeting that Special Counsel Smith now has recorded audio of. Although he was not present, that meeting was about Meadows’ book. In the audio, Trump allegedly made clear he knew the highly-classified Pentagon document had not been declassified, shattering his stated defense, and he allegedly said he wanted to share it, which could lead to more legal troubles for him.
Andrew Weissmann, a former top DOJ official, tweeted in response to the Times’ story on Meadows, “Did he plead or was he given immunity?”
Professor of law at NYU Law, Ryan Goodman, a former Special Counsel for the Dept. of Defense, served up this equation:
“Put these 2 things together and what do you have? 1) Meadows ‘has testified before a federal grand jury…in the investigations being led by the special counsel’s office’! 2) Meadow’s actions seem to be kept secret from Trump team! Answer: A cooperator?”