Summary
Special Counsel Jack Smith is in discussions with the Justice Department on how to conclude federal cases against President-elect Donald Trump, following DOJ policy that prohibits prosecuting a sitting president.
Trump, previously indicted for election interference and the unlawful retention of classified documents, has pleaded not guilty in both cases.
These prosecutions have been complicated by a recent Supreme Court ruling that grants presidents partial immunity from prosecution.
Additionally, Judge Aileen Cannon dismissed the classified documents case, questioning the constitutionality of Smith’s appointment.
You could pretend justice is still working and then make him do it. Even if it’s a waste of time, even if the Supreme Court will quash it. It doesn’t matter in that the end result guaranteed, but there’s value in making authoritarians be authoritarian.
It would be a different world if he’d done that four years ago and appointed someone to be AG that was willing to enforce the law against powerful people even if it caused conflict. Merrick Garland may be the single person most to blame for this result behind Joe Biden and Kamala Harris. But we sure did clap back at those Republicans, didn’t we?
there’s value in making authoritarians be authoritarian.
Why? It’s not like Trump is an unknown quantity at this point. They knew what he was when they voted for him, after all his previous authoritarian remarks- being even more open about it isn’t going to change any minds.
Because it’s a public influence campaign to influence resistance to his worst impulses (by politicians and the public) and position the Democratic party as righteous. People don’t just see one authoritarian thing and believe he’s authoritarian, it’s a conclusion you build up over time and need to maintain. And just preemptively rolling over for expediency gets you nothing. There’s no cost for doing this. Learned helplessness isn’t a strategy.
If Smith is still there when Trump is coronated, everything about those cases is immediately black-holed. Theoretically, if Smith folds early, he can release everything he’s done to the public.
He might, or he might not. But if Trump fires him, he won’t have control of the information any longer.
