Several legal analysts believe that special counsel Jack Smith will resign from his position before President Donald Trump has the opportunity to fire him. Smith was appointed by Attorney General Merrick Garland to oversee federal cases involving Trump, including indicting him on charges related to his alleged interference in the 2020 election and the January 6, 2021 riot at the U.S. Capitol. Trump has vowed to fire Smith almost immediately after taking office, calling the case against him a political witch hunt. It is expected that Smith will step down to avoid being fired by Trump.
Law professor Greg Germain from Syracuse University believes that Smith will resign before Trump has the chance to fire him. He expressed doubt that the Department of Justice would be able to prevent the president from dismissing the special counsel. Germain suggested that if Smith did not resign, Trump could appoint a new attorney general to take action against him or potentially pardon himself. Despite the potential consequences, Germain believes that Smith’s tenure will come to an end once Trump is inaugurated.
Assistant political science professor Sahar Abi-Hassan from Northeastern University also believes that Smith is likely to resign before being fired by Trump. She envisions Smith concluding his investigation, releasing a report, and then stepping down from his position. Abi-Hassan does not have confidence in Congress’s ability to prevent Trump from removing Smith from his role. She highlighted Trump’s unconventional approach to politics and his strong base of support, suggesting that the charges brought forth by Smith are unpopular among the former president’s followers.
The political climate surrounding Trump’s presidency has created uncertainty with regards to how Congress would respond to his actions in firing a special prosecutor. Abi-Hassan pointed out that the charges against Trump are unpopular with his base and even some moderate Republicans. She believes that Congress lacks the political will to intervene and prevent Trump from forcing Smith out of his position. Given the unique circumstances surrounding Trump’s presidency and the dynamics within the Republican Party, it is unlikely that Congress would take action against Trump in this situation.
Despite the potential challenges and controversies surrounding Smith’s position as special counsel, it is expected that he will resign before Trump has the opportunity to fire him. Legal analysts believe that Smith’s resignation would be a strategic move to avoid being dismissed by the president, particularly given the likely lack of intervention from Congress. As the situation continues to unfold, it remains to be seen how Trump’s actions will impact Smith’s tenure and the ongoing investigations involving the former president. Ultimately, Smith’s resignation may be the most graceful way to conclude his role as special counsel under the circumstances.
