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.
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.
You can do both. Release a report in anticipation of being fired and make them fire you.