 Hing says Garland could have led the prosecution himself, but instead wanted to show that there was independence from President Biden. Hing says that even if special counsel Jack Smith is unsuccessful in appeal, the attorney general would still be allowed to file the same charges himself. But by that point, analysts say, Donald Trump could be back in the White House where he could appoint a new attorney general who could drop the case. This is the latest win of sorts for Trump in four separate criminal cases.