Special Counsel Jack Smith has been leading the Justice Department’s investigation into former President Donald Trump’s handling of classified documents and his efforts to overturn the 2020 election.
Special Counsel Jack Smith: Appointment and Independence
Appointment and Independence
Attorney General Merrick Garland has appointed Jack Smith as Special Counsel to oversee the criminal investigation into former President Donald Trump. This move is significant because it ensures the independence of the investigation and protects it from potential political interference. Unlike previous Special Counsels, Smith will not need to report to or seek approval from the Attorney General, allowing him to work independently and without bias.
Trumps Limited Options to Fire Smith: Legal Implications and Process
Trump faces significant legal hurdles should he attempt to remove Smith. A Justice Department regulation regarding special counsels states that a special counsel may only be removed from office “for misconduct, dereliction of duty, incapacity, conflict of interest, or other good cause.” Law experts widely agree that these grounds are narrowly tailored and would be difficult to prove in Smith’s case. Additionally, firing Smith without just cause could trigger a review by the Inspector General, which could lead to a public report on the matter. Such a report would likely damage Trump’s reputation and could further complicate his legal battles. Moreover, the firing of Smith would likely fuel speculation of political interference, potentially escalating the political crisis around the special counsel investigation.
Obstacles to Removal and the Potential for Congressional Intervention
Congressional Democrats could attempt to insulate Smith from removal by passing a statute that explicitly prohibits the president from firing the special counsel without cause. This approach would be similar to the one taken by Congress in 1978, when it passed the Ethics in Government Act in response to the Saturday Night Massacre, in which President Nixon fired the Watergate special prosecutor. The act made it more difficult for the president to fire the special counsel, and it also created a mechanism for the special counsel to challenge any attempt by the president to remove him or her.
In Conclusion
it appears that Jack Smith, the Special Counsel appointed to investigate Donald Trump, will not be removed from his position after all. This follows a recent statement from Attorney General Merrick Garland, who confirmed that Smith would remain in his role despite Trump’s request to end the investigation. This development is significant as it suggests that Trump’s attempts to interfere with the investigation have not been successful so far. It remains to be seen how the investigation will proceed and what its eventual outcome will be, but for now, it seems that Jack Smith will continue to lead the probe.