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Why Does Donald Trump Hate Jack Smith? And Can He Really Fire the Hated Special Counsel?

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Why Does Donald Trump Hate Jack Smith? And Can He Really Fire the Hated Special Counsel?

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In a move that has reignited debate over the role of the special counsel, former President Donald Trump vowed on Thursday to fire Jack Smith, the government lawyer overseeing two federal cases against him. During an interview, Trump went so far as to say Smith should be “thrown out of the country.” As the 2024 election looms, Trump’s pledge raises questions about the legality of such an action and the deeper animosity between the two.

Donald Trump vs. Jack Smith: A Long-Brewing Conflict

Appointed in 2022 by Attorney General Merrick Garland, Special Counsel Jack Smith has brought forth two major cases against Trump. The first investigates Trump’s alleged efforts to overturn the 2020 election, including charges of conspiracy to defraud the U.S. and obstruction of justice. The second case, which faced legal challenges earlier this year, focuses on Trump’s handling of classified documents post-presidency.

Smith’s role has been fraught with legal pushbacks from Trump’s camp. Recently, a Trump-appointed judge, Aileen Cannon, dismissed 42 felony charges in the classified documents case, ruling that Smith’s appointment by Garland was unconstitutional. Trump's comments reflect his view that Smith’s actions are politically motivated—a sentiment echoed by his legal team as they move to dismiss the remaining charges.

Can Trump Fire a Special Counsel?

Legally, the question of whether Trump could directly fire Smith if he wins the 2024 election is complex. According to federal law, a president does not hold direct authority to remove a special counsel. However, Trump could potentially instruct the Department of Justice (DOJ) to make the move.

Typically, a special counsel can only be removed “for cause,” which includes reasons like misconduct or incapacity. In Trump’s view, Smith’s pursuit of these cases qualifies as overreach, although this would likely be a contentious and legally fraught assertion to make if he were to return to office. Political commentators have pointed out that directing the DOJ to remove Smith could risk another wave of legal battles, adding further tension to an already polarized administration.

What Firing Jack Smith Could Mean for Trump’s Cases

If Trump were successful in orchestrating Smith’s dismissal, the current cases against him wouldn’t automatically disappear. A new special counsel could theoretically be appointed, or the DOJ could assign the cases to other federal prosecutors. While Trump’s campaign has been buoyed by his promises to eliminate perceived “political enemies,” removing Smith would likely only complicate his legal landscape.

In his statements, Trump has repeatedly labeled Smith as “mentally deranged” and “crooked,” further fueling the animosity between them. Trump’s potential actions signal that a second term could bring substantial shifts within the DOJ, particularly around ongoing investigations.

The 2024 Election: What’s at Stake?

Trump’s vow to fire Smith, while politically charged, speaks directly to his base. Many supporters view the investigations against him as politically motivated, with Smith symbolizing federal overreach. This rhetoric aligns with Trump’s broader campaign narrative, which includes a proposed reshaping of key institutions that he perceives as weaponized against his presidency. Trump’s promise to remove Smith has led to responses from opposing campaigns, including Vice President Kamala Harris's team, which commented that Trump’s words indicate a disregard for accountability and the rule of law.

While Trump could make moves toward Smith’s dismissal, experts agree it would be difficult to achieve without substantial legal and political backlash. The role of special counsel is designed with independence to withstand political pressures—a principle that has been tested through multiple administrations. Should Trump attempt this dismissal, it would require backing from the DOJ, raising questions about the administration’s adherence to checks and balances.

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