Brian Kidd spoke to ABC News about Attorney General Merrick Garland naming Jack Smith, a longtime federal prosecutor and former head of the Justice Department's public integrity section, as special counsel to oversee the investigation into former President Trump's handling of classified materials after leaving office.

"If there is not a case, there will not be a case," Brian said. "[Smith] is not interested in prosecuting somebody for the point of prosecuting. If it moves to that next level, it's because the facts are there and he believes a crime was committed."

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