Trump’s Angry New Rants at Jack Smith Suddenly Signal Much Darker Aims
Oct 25, 2024
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In this discussion with Barbara McQuade, a former federal prosecutor, we delve into Donald Trump's recent fiery remarks about special counsel Jack Smith. McQuade uncovers the possible fallout if Trump, upon re-election, fires Smith and assumes he has Supreme Court-granted immunity. The conversation highlights the potential dangers of Trump operating under the belief he is above the law, the risks to the Department of Justice's integrity, and the alarming prospects of his second term impacting accountability and justice.
Trump's intention to fire Special Counsel Jack Smith if re-elected signals a risk to legal accountability and Justice Department integrity.
His claims of immunity from prosecution suggest a dangerous belief in operating without legal constraints, potentially undermining the judicial system.
Deep dives
Trump's Threats and Justice Department Norms
Donald Trump expressed his intention to fire Special Counsel Jack Smith if re-elected, indicating his belief that he could operate without accountability to the law. This undermines longstanding norms at the Department of Justice that were established after Watergate, which aimed to protect the investigation's integrity and the separation of powers. Trump's comments reveal a willingness to dismantle these norms, thereby risking the independence of the Justice Department and potentially obstructing ongoing federal prosecutions against him. Such actions could fundamentally alter the relationship between the presidency and the judicial system, creating a scenario where legal accountability becomes meaningless.
Immunity Claims Amid Legal Challenges
Trump's claim of immunity from prosecution, referencing a Supreme Court ruling regarding certain presidential actions, raises significant concerns about his perceived invulnerability if he were to regain the presidency. He suggests that he believes he can effectively cancel ongoing criminal cases against him, particularly related to January 6th and potential obstruction of justice. Legal experts note that while there is some immunity for actions taken as president, much of his conduct falls outside this protection and could still be subject to legal scrutiny. The potential implications of this belief are troubling, as it could embolden a president to act without fear of legal repercussions.
Consequences for the Justice Department
The possibility of Trump firing Jack Smith raises questions about the internal consequences within the Justice Department and the future of accountability. Historically, major resignations occurred when officials pushed back against Trump's unlawful directives, but a second term could see loyalists installed in key positions willing to comply with his orders. This shift could lead to the Justice Department being politicized, with serious legal ramifications if Trump utilizes it to target opponents and quash investigations. If the structure of checks and balances erodes, the integrity of the Justice Department and the principles of equitable law enforcement might be severely compromised.
In a new interview, Donald Trump seethed with anger at Jack Smith, and confirmed that if elected president, he’ll fire Smith as special counsel immediately. On top of that, Trump also boasted that the Supreme Court has now given him immunity from criminal prosecution. Which suggests Trump really does think that if he wins, he’ll be able to function as president with something like absolute impunity, unaccountable to any laws. We talked to former federal prosecutor Barbara McQuade, who explained what actually would unfold if a newly elected President Trump fired Smith, and how dangerous he could get as a totally unshackled president. Listen to this episode here.