A law professor from New York University said Friday night that President-elect Donald Trump’s reported plan to fire the team that worked with Department of Justice special counsel Jack Smith is “probably illegal” and “smacks of political retribution.”
Earlier Friday, the Washington Post reported Trump plans to fire the entire team that worked with Smith, including career attorneys who are typically protected from such acts. But on Nov. 13, The New York Times reported that Smith and other members of his team plan to step down before Trump takes office on Jan. 20.
“It’s extraordinary on so many levels,” professor Ryan Goodman told CNN, according to Mediaite. “First, these are civil servants who have legal protections. They probably include people who did not have any choice but to work with the team. … So, to fire those people categorically who have protections, which also means that it would be probably illegal firings. And a huge part of the Justice Department and [nominee for attorney general] Pam Bondi will be caught up in a huge amount of employment litigation over all of their claims were they to go down that path.
“So, it’s just very destructive. It smacks of political retribution. Even the idea that he’s announcing this, or it’s being reported that this is what he wants to do now before any kind of investigation into individuals, is another reason in which they’ll have very strong legal claims were they to try to do this.”
Smith, named special counsel by Attorney General Merrick Garland in November 2022, handed down two federal indictments against Trump: in Washington D.C., alleging attempts to subvert the results of the 2020 election; and in Florida regarding Trump’s handling of documents, some deemed classified, at his Mar-a-Lago estate.
The latter case was thrown out by U.S. District Judge Aileen Cannon, who ruled Garland unlawfully appointed Smith because he is a private citizen and not subject to Senate confirmation.
Smith last week requested the 11th Circuit Court of Appeals to pause his appeal in that case because Trump was elected president, similar to him asking U.S. District Judge Tanya Chutkan to pause the government’s appeal in the Washington, D.C. case, which Chutkan granted.
Trump, who has denied all charges in both cases, said last month he would fire Smith within "two seconds" once he assumed office.