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This development comes in the wake of Trump's promise to conservative radio host Hugh Hewitt on October 24, where he stated that he would dismiss Smith "within two seconds" of assuming office.
As reported by Newsweek, Smith, who was appointed by Attorney General Merrick Garland, has indicted Trump on four counts of allegedly attempting to unlawfully influence the results of the 2020 election, leading up to the infamous January 6, 2021, riot at the U.S. Capitol. Trump, however, has pleaded not guilty to these charges, dismissing them as part of a political witch hunt. He has further accused Smith of attempting to meddle in the 2024 presidential election by prosecuting him.
Greg Germain, a law professor at Syracuse University in New York, shared his perspective on the matter. He believes that Smith will opt to resign rather than allow Trump to fire him. Germain expressed skepticism about the Department of Justice's ability to protect the special counsel from dismissal. "Maybe Congress could pass a special counsel law that would limit the president's authority to fire a special counsel, but in my view, the Department of Justice can't do it alone," Germain said. "So I think Trump can fire Smith, who will probably resign first," he added.
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Germain further speculated that if Smith chose not to resign, Trump would likely appoint a new attorney general to dismiss Smith or simply pardon himself. "One way or another, Smith and his cases are done, in my opinion, once Trump is sworn in," Germain concluded.
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Sahar Abi-Hassan, assistant political science professor at Northeastern University in Oakland, California, concurred with Germain's prediction. She suggested that Smith would likely wind down his investigation, release a report, and ultimately resign, which she believes would be "a more graceful exit for Smith."
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Abi-Hassan also expressed doubt about Congress's political will to prevent Trump from forcing Smith out of his position. "If we lived in a world of politics as usual, we would expect Congress to respond to a president firing a special prosecutor. But this is not business as usual," Abi-Hassan said. She further noted that Trump's popularity and the Republican Party's ability to reestablish a strong base are largely dependent on his unconventional and sometimes erratic responses.
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Moreover, Abi-Hassan pointed out that the charges led by Smith are widely unpopular with Trump's base and even some moderate Republicans. "There is nothing in the way that Congress has acted in the past impeachments to make me believe that they would respond," Abi-Hassan concluded. This situation underscores the unique challenges faced by the special counsel and the broader implications for the rule of law in the United States.
