Donald Trump is unlikely to push for the appointment of a special prosecutor to “pursue vendettas” against political opponents according to a former U.S. attorney, who argued the incoming president is more likely to “weaponize” the Justice Department as a whole.
The claim was made by Preet Bharara, the former U.S. attorney for the southern district of New York, in a recent episode of his Stay Tuned With Preet podcast.
Prosecutor Jack Smith was appointed as special counsel in November 2022 by Attorney General Merrick Garland to oversee two separate investigations into Trump. These were allegations he had broken the law attempting to overturn the 2024 presidential election and that he mishandled classified documents, both of which the former president denied.
In July, Judge Aileen Cannon dismissed the classified documents case, which she had been overseeing, on the basis that Smith’s appointment was unconstitutional. Last week, The New York Times reported Smith plans to resign as special counsel before Trump begins his second presidency in January.
Speaking in June 2023, Trump said that if returned to the White House, he would “appoint a real special prosecutor to go after” President Biden along with “all others involved with the destruction of our elections, borders, & country itself!”
During a WABC radio interview in October, Trump also suggested that Smith should be exiled.
He said: “You have to get the killers, the murders, and mentally deranged, you have to get them out. And we should throw Jack Smith out with them, the mentally deranged people. Jack Smith should be considered mentally deranged, and he should be thrown out of the country.”
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On his podcast, Bharara suggested Cannon’s dismissal of Trump’s classified documents case on the basis Smith was unconstitutionally appointed as special counsel could make it harder for the incoming president to appoint a special counsel of his own to target political rivals.
However, Bharara went on to argue this wouldn’t matter as Trump wouldn’t want someone with “punitive independence” from the Department of Justice to lead any investigations.
Referring to the possibility of Trump targeting “political adversaries” he said: “I think at the end of the day, if he pursues such things, he’s not going to want that to be done by someone who has punitive independence and separation from the department. If he’s going to weaponize the department, he’s going to weaponize the department.”
Newsweek contacted representatives for Donald Trump by email on Monday.
In May 2024, Trump became the first former president with a felony record in American history after he was convicted of 34 counts of falsifying business documents to cover up the payment of hush money to a former adult film actress ahead of the 2016 presidential election.
Sentencing is due on November 26 though speaking to Newsweek Professor David Driesen, a constitutional law professor at Syracuse University, said Trump is highly unlikely to serve a prison sentence while president.
He said: “The Supreme Court may invent new law to keep Trump out of jail if New York Justice Juan Merchan sentences him to prison while his time in office.
“The high court has already shown a willingness to protect Trump, especially when it granted him immunity from criminal trial for official misconduct in Trump v. United States.”