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New Book Says DOJ Caution Slowed Trump Probes and Shaped Case Outcomes

Based on internal accounts, the authors contend that timing rules plus venue decisions set in motion delays later compounded by court rulings and department policy.

Overview

  • Excerpts report the Justice Department waited until January 2022 to convene a grand jury on the fake electors plan, then the FBI took about 10 more weeks to approve a memo that named the Trump campaign—but not Trump—as a subject.
  • Attorney General Merrick Garland imposed a preelection freeze in fall 2022 under a conservative reading of DOJ norms, pausing subpoenas and interviews in both the classified documents and election inquiries.
  • Special counsel Jack Smith brought the classified documents case in Florida, increasing the chance Judge Aileen Cannon would draw it; the case was later dismissed after a series of rulings criticized by legal experts.
  • After the Supreme Court’s 2024 presidential‑immunity decision required a narrowed election indictment, Smith dismissed that case following Trump’s reelection under DOJ policy against prosecuting a sitting president.
  • The book details additional factors, including Kash Patel tempering earlier declassification claims in November 2022 testimony, initial limits on Jan. 6 committee evidence sharing, and a warning from prosecutor George Toscas about combining the probes under one special counsel.