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Special Counsel Jack Smith’s recent court filing has raised eyebrows among legal analysts, who suggest that it could bolster former President Donald Trump’s chances of having all charges against him dropped should he emerge victorious in the upcoming presidential election.

“In his latest filing in the Mar-a-Lago classified documents case, Smith writes that the special counsel is not independent and is ‘inferior’ to the attorney general, who can remove him or overrule any of his decisions. That lays the legal groundwork for Trump to appoint a favorable attorney general if elected for a second term in November,” Newsweek reported.

Trump has pleaded not guilty to 40 charges related to the accusation that he illegally retained sensitive documents after leaving the White House in January 2021 and obstructed efforts by the government to retrieve them from his Florida property, Mar-a-Lago.

Smith has accused Trump of various offenses, including defrauding the United States, obstructing official proceedings, and conspiring against rights in connection with a separate federal case last year.

These charges are linked to the investigation into the January 6, 2021, Capitol riot and an alleged plan to submit false lists of pro-Trump electors to the Electoral College.

In response, former Attorney General Edwin Meese filed an amicus brief arguing that Smith’s appointment as special counsel in both Trump’s election fraud case in Washington, D.C., and the classified documents case in Florida was illegal.

However, Smith countered this by pointing out that according to the appointments clause of the U.S. Constitution, a special counsel is considered an “inferior officer” rather than an independent entity.

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

“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.

In a recent podcast, former United States Attorney for the Southern District of New York, Preet Bharara, suggested that President Trump could potentially pardon himself in federal cases related to election interference and handling classified documents upon taking office.

Bharara also mentioned the possibility of Trump appointing a sympathetic attorney general to dismiss federal charges if he were to be reelected in 2024.

Additionally, Bharara noted that a president may claim immunity from prosecution for actions taken while in office as another option.

It is speculated that Trump may seek ways to avoid legal challenges from his Democratic opponent’s Justice Department, especially considering reports indicating his strong support in key battleground states over President Biden.

“Trump leads Biden by 4% in Arizona, 1% in Michigan, 3% in Nevada and 3% in Wisconsin, according to four polls released Wednesday and Thursday by Emerson College Polling/The Hill,” the outlet noted, citing the surveys.

“Trump is also ahead of Biden by 3% in North Carolina and 4% in Georgia, according to polls released Wednesday by the Marist Institute for Public Opinion. Meanwhile, an Emerson College survey released last week shows Trump leads Biden by 4% in Pennsylvania,” the outlet continued.

However, Trump’s lead falls within the margin of error in at least three states – Michigan, Wisconsin, and Nevada. Additionally, he is within the 3.6 percent margin of error in the Marist poll conducted in North Carolina.

ICYMI: NY AG Letitia James Takes First Step in Seizing Trump’s Assets, Files Judgments in Westchester County

Doug Goldsmith

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9 comments

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  • A new POTUS has the absolute authority to fire and replace the U. S. AG, all of his assistants, plus just about every other official who operates under the authority of the Executive Branch. This includes the DOJ and the FBI.

    • Sure does Radman.
      Get rid of them on the first day in Office and charge Schiff, Schumer, No Nadds Naddler, Jackson, Piglosi, AOC, Omar, Tlaib, Soros, Obama, Biden, the guy that pulled the fire alarm (name escaped me), Hunter, and a whole lot more.
      I’d love to see it happen and put them all through Hell as they did to a good man like President Trump.

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    • Good to hear that! The demonrats are persecuting President Trump because they know he can win. This continued persecution may just get more voters to vote for Trump. I sure hope so! I am ticked off against the demonrats and hope as many as possible get voted out of office next time around!

  • Republicans need to be careful. Trump could be leading by 10 pts in every swing state and still “lose” the election again if they don’t get paper ballots and voter ID.

    • Truth!

      If anyone thinks that those who stole 2020 are resting on their laurels, you are smoking Hunter’s stash!

      They are, at the very least, doubling down!

      We have to Quadruple our output to even be in the game!

  • What isn’t reported on about all these cases is: 1. the Democrats are exposing themselves for who they truly are, and 2. if they victorious in any of these charges, they have set precedent which could throw open the doors to come after them.

    I 100% believe Teump would pardon himself once in office and also start cleaning house across the country. That and exposing them further (Dems and Rinos) is what the fear.

  • here’s an idea, seeing as to how this was did to trump. how about 400-500 woman start laying charges against all the male dems. that out to keep the courts and creeps busy for a while, with all the litigations and such.if the allegations turn out false, big deal, they were with trump, and these woman got loads of money.

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