Exit Jack Smith

This is your TPM evening briefing.
WASHINGTON, DC - AUGUST 01: Special Counsel Jack Smith delivers remarks on a recently unsealed indictment including four felony counts against former U.S. President Donald Trump on August 1, 2023 in Washington, DC. T... WASHINGTON, DC - AUGUST 01: Special Counsel Jack Smith delivers remarks on a recently unsealed indictment including four felony counts against former U.S. President Donald Trump on August 1, 2023 in Washington, DC. Trump was indicted on four felony counts for his alleged efforts to overturn the 2020 election. (Photo by Drew Angerer/Getty Images) MORE LESS
Start your day with TPM.
Sign up for the Morning Memo newsletter

Special Counsel Jack Smith is reportedly in talks with officials at the Department of Justice to “wind down” his two prosecutions of President-elect Donald Trump; one over January 6, and the other over his retention of classified documents from his first term.

At issue, per NBC, is the long-standing DOJ policy we became so familiar with in Donald Trump’s first term: that a sitting president cannot be prosecuted.

But behind that lies the grim future the investigations faced: Trump promised during the campaign to fire Smith “in two seconds” if elected; since he won last night, Trump’s allies are already lobbing threats at Smith.

Sen. Lindsey Graham (R-SC) demanded early this morning that he pull the two indictments and seek a way to compensate the government, while various pro-Trump social media personalities are making a big show of salivating over potentially turning the tables on Smith and indicting him.

Revenge fantasies aside, it’s not clear how Smith will bring the two prosecutions to an end. He can ask the judge to dismiss the indictments — that’s the easiest route. But before doing that, the judge may ask him to supply a reason.

A separate question comes down to a potential report that Smith may issue before January 20. Per DOJ regulations, if Smith closes the special counsel office, he has to submit a report while doing so. Though this will probably engender a lot of cable news coverage, it’s an obviously paltry measure given the threat to the rule of law that a second Trump term will present.

The Best Of TPM Today

For your headache: Not The Fight We Wanted Or Signed Up For But It’s The One We Got

For you stomachache: Democrats Assess The Wreckage After Nationwide Collapse

For your heartache: Thoughts on the Day After

Yesterday’s Most Read Story

TPM’s Election Day live coverage

What We Are Reading

It’s Not Okay — Jessica Valenti, Abortion, Every Day

Reflections On America’s New Autocracy — Brian Beutler, Off Message

The single-guy surge didn’t arrive — nor did a leftward shift for women — Philip Bump, The Washington Post

The One Thing Democrats Need to Embrace to Survive — Zachary D. Carter, Slate

Latest Where Things Stand

Notable Replies

  1. Whether we like it or not, Trump winning the election is the ultimate trial by jury. The jury elected him to be President. End the prosecution, write the report, release as much evidence as practical (what kind of documents exactly was Trump storing at MAL, and why?), and consider throwing a pardon on top.

    Stark and brutal but that’s the reality folks.

  2. This story is not having a Hollywood ending. It’s more like a Japanese noir movie, where they don’t care if the bad guys win.

    I recommend this movie.

  3. The SCOTUS gave Trump the get-out-of-jail-free card so that plus DOJ policy not to prosecute a sitting POTUS makes Smith’s job moot I suppose but it still feels very strange that a civilian, ex-POTUS or not, can commit several felonious security violations and walk away. Just say’n

  4. His is not walking away, he is walking into the WH and given a free hand to commit more crimes.

  5. Smith’s submitting a report is not necessarily an empty gesture. It depends on what, under DOJ policy, he can put into the report that he hasn’t already made public. Remember, he knows that Trump was using a burner phone on J6. There’s something more to say about that. And somebody over there must know what happened to all the stuff taken from Epstein’s safe, although that’s not in Smith’s bailiwick.

    And I doubt that Smith is someone who fears reprisals. As for Graham’s wanting Smith to compensate the government, well, fuck you, Lindsay; you’re the worst of all the sycophants. I hope that John McCain gets a brief furlough to the lawless lawyers’ circle of hell so he can tell you exactly what he thinks of you before he lights the eternally burning pyre.

Continue the discussion at forums.talkingpointsmemo.com

36 more replies

Participants

Avatar for system1 Avatar for mondfledermaus Avatar for bobatkinson Avatar for becca656 Avatar for wanderer Avatar for dont Avatar for mikebnews Avatar for debg Avatar for sparrowhawk Avatar for mch Avatar for civarum Avatar for generalsternwood Avatar for fiftygigs Avatar for darrtown Avatar for edgarant Avatar for wintermoon Avatar for brian512 Avatar for tpr Avatar for katscherger Avatar for tindalos Avatar for davidn Avatar for justruss Avatar for ephraim Avatar for ClutchCargo

Continue Discussion
Masthead Masthead
Founder & Editor-in-Chief:
Executive Editor:
Managing Editor:
Deputy Editor:
Editor at Large:
General Counsel:
Publisher:
Head of Product:
Director of Technology:
Associate Publisher:
Front End Developer:
Senior Designer: