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Jack Smith’s Latest Argument Could Help Trump Enormously

via C-SPAN
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Special Counsel Jack Smith recently stated in a court filing that he is not fully independent, but rather is subordinate to the Attorney General, who can oversee and potentially countermand his decisions.

Some legal experts argue this weakens Smith’s position and bolsters Trump’s ability to dismiss charges against him if re-elected, as he could appoint a supportive AG.

Specifically, Smith acknowledged being an “inferior officer” under the Constitution’s appointments clause.

“An inferior officer is one who reports to and is supervised by a superior officer,” Smith stated.

“The Special Counsel is an ‘inferior Officer’ under the Special Counsel regulation because the Attorney General supervises the Special Counsel’s work, may remove him from office, and may review and countermand his decisions. And, as an additional means of exercising control, the Attorney General can rescind the regulation at any time, or amend the appointment order, and exercise direct statutory supervision over the Special Counsel,” Smith stated.

“The Special Counsel is subject to the Attorney General’s supervision and oversight. The Special Counsel’s work is overseen by the Attorney General, who appointed him and delegated to him powers that are otherwise vested in the Attorney General alone,” he added.

If Trump wins in 2024, options to dismiss the cases could include pardoning himself, directing a new AG to drop charges, or asserting presidential immunity for acts committed while in office, according to analysis on the potential outcomes.

Smith’s filing establishes the legal framework for greater White House control should political leadership change following the next election.

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