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Jack Smith Runs Away?

The special counsel who has been a significant legal adversary to Trump is reportedly considering an exit strategy as he prepares to conclude the federal criminal investigations that have occupied him for the last two years.

Jack Smith, known for his meticulous approach to these cases, faces a complex situation. Despite pressures and expectations, it’s unlikely he will seek aggressive new legal actions against the president-elect during the transition period, as Trump’s legal team would robustly contest such moves. Recently, Smith opted against pursuing a public hearing, a decision that came despite vocal calls from many in the legal community.

Officials from the Justice Department, speaking under condition of anonymity, shared that they do not anticipate any aggressive tactics from Smith. They confirmed that both he and Attorney General Merrick Garland would adhere to the department’s policy of not prosecuting a sitting president. Smith is expected to depart from his position by January 20, though his exact plans before that date are yet to be clarified.

Former Attorney General Bill Barr has openly criticized the Trump prosecutions and suggested that Smith would do well to conclude his efforts promptly. Barr emphasized on Fox News that the Justice Department should consider withdrawing gracefully from a precarious position, arguing that pursuing these cases further is not in the public interest.

A potential complication could arise from the judge overseeing the election case, Judge Chutkan, who has the authority to question the decision to drop charges, potentially forcing prosecutors to justify their actions.

Trump has frequently attacked Smith’s investigations, labeling them criminal and advocating for punitive measures against him. The threat of retribution, whether through legal charges or by imposing financial and personal burdens, is a real concern for Smith as he navigates the next few months.

Norm Eisen, a legal scholar, suggested that any attempt by Trump to use the Justice Department for personal vendettas would severely damage his own political standing and run afoul of the rule of law. “This is still the United States of America,” Eisen remarked, underscoring that the constitutional and legal frameworks remain intact.

Even if Trump refrains from pursuing legal action against Smith, the special counsel is likely to face congressional inquiries. With Republicans poised to maintain control of both the Senate and the House, Smith and his team could be summoned for testimony and face intense scrutiny at high-profile congressional hearings.


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