Acting Attorney General Dismisses Prosecutors Employed by Special Counsel Jack Smith

In January, Smith stepped down from his position.

Acting Attorney General Dismisses Prosecutors Employed by Special Counsel Jack Smith
The Justice Department has dismissed over a dozen prosecutors involved in special counsel Jack Smith’s cases against President Donald Trump, according to a DOJ official on Monday.

“Acting Attorney General James McHenry made this decision because he did not believe these officials could be trusted to faithfully implement the President’s agenda because of their significant role in prosecuting the President,” the official, who spoke on the condition of anonymity, stated.

The official did not disclose the names of the prosecutors who were terminated.

Smith resigned earlier this month, shortly before Trump assumed office, and at least one of his senior deputies, seasoned national security prosecutor Jay Bratt, also exited the Department of Justice.

The prosecutors dismissed on Monday were part of two significant cases initiated by Smith. One case accused Trump of unlawfully keeping numerous classified documents at his residence in Florida and attempting to obstruct a federal grand jury investigation regarding those documents. The second case involved allegations that Trump conspired to manipulate the outcome of the 2020 presidential election through illicit means.

Following Trump’s election victory in November, the Justice Department effectively discontinued both cases, referencing a longstanding policy that discourages the prosecution of a sitting president.

It remains unclear what specific legal authority the Justice Department is using to justify these dismissals. Typically, terminating career federal prosecutors is a complicated and lengthy process due to the extensive review they are entitled to.

Legal experts predict that a court challenge regarding these firings is highly likely.

“These are spurious terminations. The grounds are a hodgepodge of disinformation and distortion of facts and law alike,” commented Norm Eisen, a prominent critic of Trump and former White House ethics counsel under President Barack Obama.

“The president and his appointee have the power to hire and fire federal employees, but it must be done within the bounds of the rule of law,” Eisen continued. “The legal hurdles are particularly steep for career federal employees, many of whom appeared to be included here. This will almost certainly trigger litigation and likely will be met with extreme judicial skepticism.”

McHenry, known for his strict stance on immigration enforcement, was in a career position managing immigration-related business cases before Trump's inauguration. The president appointed him as the acting attorney general while awaiting Senate confirmation for his permanent nominee, Pam Bondi.

During Trump’s first term, McHenry held the position of head of the Justice Department office responsible for immigration courts but was reassigned shortly after President Joe Biden took office.

Emily Johnson contributed to this report for TROIB News