# Can Trump fire Jack Smith? **URL:** \ **Category:** Politics & Elections\ **Tags:** trump\ **Created:** [October 25, 2024, 12:57pm UTC](https://boards.straightdope.com/t/can-trump-fire-jack-smith/1009201 "2024-10-25T12:57:57Z")\ **Posts on this page:** 14\ **Page:** 1
**Author:** ![Hermitian](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hermitian/32/470_2.png) [@Hermitian](https://boards.straightdope.com/u/Hermitian)\ **Post date:** [October 25, 2024, 12:57pm UTC](https://boards.straightdope.com/t/can-trump-fire-jack-smith/1009201/1 "2024-10-25T12:57:58Z")
I wasn’t sure if this should be in Factual Questions or in here. It is all over the news that Trump says he would fire Jack Smith immediately if elected. Would he have the power to do that? ---
**Author:** ![DavidNRockies](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/davidnrockies/32/6279_2.png) [@DavidNRockies](https://boards.straightdope.com/u/DavidNRockies)\ **Post date:** [October 25, 2024, 1:01pm UTC](https://boards.straightdope.com/t/can-trump-fire-jack-smith/1009201/2 "2024-10-25T13:01:33Z")
Is it kosher to point to another post, from another forum, in an effort to answer a question in FQ? > [@DOJ/Jack Smith Investigation into Trump and Election Interference, January 6th Insurrection (Re-Indicted August 27, 2024)](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2640): > > Okay. Further investigation. The current regulations covering the Special Counsel are under 28 CFR Part 600. 600.7(d) reads: The Special Counsel may be disciplined or removed from office only by the personal action of the Attorney General. The Attorney General may remove a Special Counsel for misconduct, dereliction of duty, incapacity, conflict of interest, or for other good cause, including violation of Departmental policies. The Attorney General shall inform the Special Counsel in writin… ---
**Author:** ![Hermitian](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hermitian/32/470_2.png) [@Hermitian](https://boards.straightdope.com/u/Hermitian)\ **Post date:** [October 25, 2024, 1:17pm UTC](https://boards.straightdope.com/t/can-trump-fire-jack-smith/1009201/3 "2024-10-25T13:17:58Z")
Thanks. So it sounds like all Trump has to do is tell the AG to fire Jack Smith and then the AG undoubtedly will (with cooked up reasons). ---
**Author:** ![Ynnad](https://avatars.discourse-cdn.com/v4/letter/y/4491bb/32.png) [@Ynnad](https://boards.straightdope.com/u/Ynnad)\ **Post date:** [October 25, 2024, 1:19pm UTC](https://boards.straightdope.com/t/can-trump-fire-jack-smith/1009201/4 "2024-10-25T13:19:43Z")
Does anybody remember the Saturday Night Massacre: > **[Saturday Night Massacre](https://en.wikipedia.org/wiki/Saturday_Night_Massacre)** > > The "Saturday Night Massacre" was a series of resignations over the dismissal of special prosecutor Archibald Cox that took place in the United States Department of Justice during the Watergate scandal in 1973. The events followed the refusal by Cox to drop a subpoena for the Nixon White House tapes at President Richard Nixon's request. > During a single evening on Saturday, October 20, Nixon ordered Attorney General Elliot Richardson to fire Archibald Cox; Richardson refused and resigned effect... ---
**Author:** ![DavidNRockies](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/davidnrockies/32/6279_2.png) [@DavidNRockies](https://boards.straightdope.com/u/DavidNRockies)\ **Post date:** [October 25, 2024, 1:40pm UTC](https://boards.straightdope.com/t/can-trump-fire-jack-smith/1009201/5 "2024-10-25T13:40:47Z")
Sure. But that kind of principled civil servant will have _no place_ in a second Trump administration. 🤮 ---
**Author:** ![Horatius](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/horatius/32/3572_2.png) [@Horatius](https://boards.straightdope.com/u/Horatius)\ **Post date:** [October 25, 2024, 1:43pm UTC](https://boards.straightdope.com/t/can-trump-fire-jack-smith/1009201/6 "2024-10-25T13:43:20Z")
> [@DavidNRockies](#): > > But that kind of principled civil servant will have _no place_ in a second Trump administration. And demanding they fire Smith would be a good way to sus out who they are. ---
**Author:** ![Dandan](https://avatars.discourse-cdn.com/v4/letter/d/a87d85/32.png) [@Dandan](https://boards.straightdope.com/u/Dandan)\ **Post date:** [October 25, 2024, 1:45pm UTC](https://boards.straightdope.com/t/can-trump-fire-jack-smith/1009201/7 "2024-10-25T13:45:47Z")
Haven’t figured it out yet, have we? Dan ---
**Author:** ![Horatius](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/horatius/32/3572_2.png) [@Horatius](https://boards.straightdope.com/u/Horatius)\ **Post date:** [October 25, 2024, 1:48pm UTC](https://boards.straightdope.com/t/can-trump-fire-jack-smith/1009201/8 "2024-10-25T13:48:45Z")
Figured what out? Trump is going to get rid of everyone who he thinks opposes him. How he determines who those people are is the only real question. Some will be obvious, but Trump’s paranoia will lead him to greater and greater loyalty tests to find all those hidden Never Trumpers he knows are lurking about. “Are you now or have you ever been…?” is going to be the call-back of the day. ---
**Author:** ![Dandan](https://avatars.discourse-cdn.com/v4/letter/d/a87d85/32.png) [@Dandan](https://boards.straightdope.com/u/Dandan)\ **Post date:** [October 25, 2024, 1:55pm UTC](https://boards.straightdope.com/t/can-trump-fire-jack-smith/1009201/9 "2024-10-25T13:55:56Z")
> [@Horatius](#): > > Figured what out? Thanks for clarifying. Dan ---
**Author:** ![DesertDog](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/desertdog/32/11503_2.png) [@DesertDog](https://boards.straightdope.com/u/DesertDog)\ **Post date:** [October 25, 2024, 3:52pm UTC](https://boards.straightdope.com/t/can-trump-fire-jack-smith/1009201/10 "2024-10-25T15:52:55Z")
To carry over from the DOJ/Jack smith Investigation thread, > [@DOJ/Jack Smith Investigation into Trump and Election Interference, January 6th Insurrection (Re-Indicted August 27, 2024)](https://boards.straightdope.com/t/doj-jack-smith-investigation-into-trump-and-election-interference-january-6th-insurrection-re-indicted-august-27-2024/975455/2642): > > She’d be breaking the law on his behalf. “She” being AG Cannon. And then Smith or the Democrats will appeal, and it will wind up before SCOTUS who will then extend their _President can do no wrong_ edict insofar as Dear Leader is concerned. If a Democrat should ever again get elected (ha!) it will, of course turn on a fucking dime and had the ultimate power back to the legislative body. ---
**Author:** ![DeadTreasSecretaries](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/deadtreassecretaries/32/4817_2.png) [@DeadTreasSecretaries](https://boards.straightdope.com/u/DeadTreasSecretaries)\ **Post date:** [October 25, 2024, 4:36pm UTC](https://boards.straightdope.com/t/can-trump-fire-jack-smith/1009201/11 "2024-10-25T16:36:50Z")
I’m still not sure what crime a Trump AG would be committing by firing Smith. The law cited says Trump wouldn’t be allowed to fire Smith himself, but his AG could if they found cause based on the law The coutts might have to decide if the hiven reason is good enough but honestly SCOTUS seems like it would lean into the unitary executive philosophy that would tend toward expansive powers for the AG regardless of which party was in charge, or at least punting and letting a firing stand by default ---
**Author:** ![Atamasama](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/atamasama/32/12961_2.png) [@Atamasama](https://boards.straightdope.com/u/Atamasama)\ **Post date:** [October 25, 2024, 5:46pm UTC](https://boards.straightdope.com/t/can-trump-fire-jack-smith/1009201/12 "2024-10-25T17:46:47Z")
> [@DeadTreasSecretaries](#): > > The law cited says Trump wouldn’t be allowed to fire Smith himself, but his AG could if they found cause based on the law The coutts might have to decide if the hiven reason is good enough but honestly SCOTUS seems like it would lean into the unitary executive philosophy that would tend toward expansive powers for the AG regardless of which party was in charge, or at least punting and letting a firing stand by default Firing Smith without cause to stop an investigation (without sufficient cause) **might** be a violation of Title VI of the Ethics in Government Act of 1978, but I’m not a lawyer. It’s absolutely violating the spirit of the law; the law exists to fight against corruption in the federal government, and if the subject of the investigation can just make it go away at will (when it is supposed to be independently run), then the law is meaningless. But yeah, with this SCOTUS, they might just shrug and say “whatever”, and invalidate the whole law in doing so. They’ve shown a willingness to completely gut the rule of law in the recent past at the expense of the country. I mean, there are members of SCOTUS that are clearly corrupt and very unwilling to entertain any restrictions on themselves, so this would be consistent with that. ---
**Author:** ![griffin1977](https://avatars.discourse-cdn.com/v4/letter/g/977dab/32.png) [@griffin1977](https://boards.straightdope.com/u/griffin1977)\ **Post date:** [October 25, 2024, 5:54pm UTC](https://boards.straightdope.com/t/can-trump-fire-jack-smith/1009201/13 "2024-10-25T17:54:01Z")
Yup, that’s the main reason Trump wants to be president. That should really be a bigger deal, but you know, that’s the dystopia we find ourselves in. He will replace him with, I dunno, Eric Trump `*` on day one. He will also pardon himself and whichever fauning sycophant replaces him will say “the accused has been pardoned and the state has dropped all charges”. AFAIk (and IANAL) there is not even anyone who could appeal that? - J/king :Trump would never trust Eric Trump with anything so important ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [November 9, 2024, 1:54am UTC](https://boards.straightdope.com/t/can-trump-fire-jack-smith/1009201/14 "2024-11-09T01:54:20Z")
Smith is not fired (yet) but it may be moot: > **[Judge in Trump 2020 election case agrees to cancel court deadlines after his...](https://www.cbsnews.com/news/trump-2020-election-case-smith-asks-for-time/)** > > President-elect Donald Trump is facing four federal charges in the case arising from the 2020 presidential election. > The federal district judge overseeing the case against President-elect Donald Trump related to the 2020 election agreed to forego current deadlines to allow special counsel Jack Smith and his team more time to assess the “unprecedented circumstance” arising out of his election Tuesday to serve a second term in the White House. > > Smith asked U.S. District Judge Tanya Chutkan in a one-paragraph filing for additional time to “determine the appropriate course going forward consistent with Department of Justice policy.” He said prosecutors will provide more information to the court by Dec. 2. Chutkan quickly granted Smith’s request and tossed out the remaining deadlines she had set. She ordered the government to submit to her a report “indicating its proposed course for this case going forward” by Smith’s proposed early-December deadline.