The appointment of a special counsel to oversee federal investigations into former President Trump indicates the Department of Justice still believes it has a viable potential case against him, according to the former deputy attorney general.

When asked by Margaret Brennan on "Face the Nation" if he could "second guess" Attorney General Garland's appointment of a special counsel, the deputy attorney general said he couldn't.

Even though the department has been at this for some time, almost two years on the Jan. 6 investigation, they still believe they have a viable potential case.

He said that it doesn't mean they made a decision. It is an indication that they think it is possible.

Jack Smith, a long-time prosecutor, was appointed by Garland to oversee investigations into whether anyone interfered with the transfer of power around the Jan. 6, 2021, Capitol attack and the alleged mismanagement of government records at Mar-a-Lago.

The announcement came days after Trump entered the presidential contest, and Garland cited President Biden's stated intention to run for reelection as reason to appoint the semi-independent special counsel.

It's easy to second guess from outside. I just can't tell from the outside, but my inclination is that I probably wouldn't have done it.

Smith still reports to the attorney general even though he has been appointed.

Garland believes that the normal processes of the department can handle all investigations. At this time, appointing a special counsel is the right thing to do. The circumstances present here demand it.

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