By Free Republic | Created at 2024-10-26 01:15:37 | Updated at 2024-10-26 03:30:19
2 hours ago
Fact Check: Can Donald Trump Fire Jack Smith If He is Elected?
Newsweak ^ | Oct 25. 2024 | Sean O'Driscoll
Posted on 10/25/2024 6:05:15 PM PDT by where's_the_Outrage?
Donald Trump told conservative radio host, Hugh Hewitt, on Thursday that if he is elected president, he will fire special counsel Jack Smith "within two seconds" of taking office.
Smith was appointed by attorney general Merrick Garland as an independent special counsel to oversee Donald Trump's federal cases. By doing so, Garland sought to avoid a conflict of interest—if the Justice Department is not prosecuting Trump directly, then it does not look as if the Biden administration is persecuting Trump.
The Claim
Donald Trump claims he can fire Jack Smith, thereby ridding himself of two federal cases.
Trump was indicted in Washington, D.C. on four counts of allegedly working to overturn the results of the 2020 election in the run-up to the January 6, 2021, riot at the U.S. Capitol. The Republican presidential nominee has pleaded not guilty and said the case is part of a political witch hunt.
The other case is in Florida for alleged hoarding of classified documents. Judge Aileen Cannon dismissed the Florida case and Smith is currently appealing that decision. Trump had pleaded not guilty.
Newsweek sought email comment from Trump's attorney and Jack Smith's office on Friday.
The Facts
Trump previously sought to fire a special counsel. During the first Trump presidency, special counsel Robert Mueller was investigating alleged links between Trump and the Russian government.
Trump told White House attorney, Don McGahn, to get the Justice Department to fire Mueller. McGahn refused to do so, fearing it was illegal and threatened to resign rather than carry out the order.
(Excerpt) Read more at msn.com ...
TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: doj; jacksmith; lawfare; presidentialpower
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Jim and Chris
What newsweak BS. If Trump can fire the AG, he can fire Smith. Now there would be repercussions such as Dem's and media heads exploding. But the President has that power.
And more the BS that "Garland sought to avoid a conflict of interest". To avoid a conflict of interest the DOJ should have given Trump every favorable advantage they gave to Hillary, Obama, and Biden's classified documents cases.
To: where's_the_Outrage?
President Trump needs to see that audits of phone records and personal finances are done on these scoundrels.
2 posted on 10/25/2024 6:07:42 PM PDT by Governor Dinwiddie (O give thanks unto the Lord, for He is gracious, and His mercy endureth forever. — Psalm 106)
To: where's_the_Outrage?
Trump can pardon himself and all Of Jack Smith’s other victims and then fire Jack Smith on the first day. The President is the executive, full stop.
3 posted on 10/25/2024 6:09:05 PM PDT by wildcard_redneck (He who sacrifices freedom for security deserves neither.f)
To: where's_the_Outrage?
Jack Smith has no authority.
4 posted on 10/25/2024 6:09:42 PM PDT by jacknhoo (Luke 12:51; Think ye, that I am come to give peace on earth? I tell you, no; but separation.)
To: where's_the_Outrage?
Firing Smith is risky.....
Remember the Saturday Night Massacre....
During a single evening on Saturday, October 20, Nixon ordered Attorney General Elliot Richardson to fire Archibald Cox; Richardson refused and resigned effective immediately. Nixon then ordered Deputy Attorney General William Ruckelshaus to fire Cox; Ruckelshaus refused, and also resigned.
To: where's_the_Outrage?
He can fire the entire executive branch if he wants.
6 posted on 10/25/2024 6:10:42 PM PDT by meyer ("When, in the course of human events,....")
To: where's_the_Outrage?
Let’s focus on winning. This confrontation can wait.
7 posted on 10/25/2024 6:10:53 PM PDT by Seaplaner (Never give in. Never give in. Never, never, never...in nothing, great or small...Winston ChurchIill)
To: where's_the_Outrage?
8 posted on 10/25/2024 6:11:02 PM PDT by Libloather (Why do climate change hoax deniers live in mansions on the beach?)
To: where's_the_Outrage?; All
He also needs to see if he was lawfully appointed!
There was a federal court ruling that seems to indicate he wasn’t. If that’s the case every action take by Smith and crew after that ruling is potentially in legal jeopardy.
9 posted on 10/25/2024 6:12:01 PM PDT by Reily
To: where's_the_Outrage?
More likely have J Smith indicted and prosecuted for actions without the appointment by Congress.
Federal prison and fined to recover ALL monies he has spent and received in his non legal lawfair against president Trump.
10 posted on 10/25/2024 6:13:34 PM PDT by Deaf Smith (When a Texan takes his chances, chances will be taken that's for sure.)
To: where's_the_Outrage?
My guess is Smith will resign on 11/6 if Trump wins the election. He will be getting the hell out of Dodge.
11 posted on 10/25/2024 6:13:34 PM PDT by Gahanna Bob
To: where's_the_Outrage?
If Jack Smith wasn’t properly hired as in being confirmed by the Senate, remove him on that basis. Easy peasy.
12 posted on 10/25/2024 6:14:37 PM PDT by HombreSecreto (The life of a repo man is always intense)
To: where's_the_Outrage?
Smith’s illegally appointed anyway so his days are numbered.
13 posted on 10/25/2024 6:14:56 PM PDT by Bullish (Socialism is a weed that blooms into communism, the tyranny that strangles liberty.)
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