Jack Smith has a shot to put Trump in an 'untenable spot' in final filing: ex-prosecutor

During an appearance on "The Katie Phang Show" on MSNBC, former U.S. Attorney Barbara McQuade suggested that departing special counsel Jack Smith has an opportunity to hand the incoming Donald Trump administration a mess long after he is gone.

Speaking with host Phang, McQuade proposed two paths for Smith to take.

"I have heard from a number of people saying, why should Jack Smith pull the plug on his own case, why not just let Trump just fire him, make him go through that exercise, so that people can see that it was Trump who ended this?" she began. "And I think it is because Jack Smith can have a lot more control if he ends it on his own terms."

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"There are a couple things he can do," she elaborated. "One, as you say, is to issue a full-throated report on both of the cases; the January 6th election interference case, as well as the documents case in Florida ––those two things. The other thing he could do, Katie, and I don't know if this would withstand all of the machinations that Trump will certainly try to put up against it –– to dismiss the cases without prejudice, and make the argument later that the statute of limitations is tolled during the Trump presidency and revive the cases in 2029."

"I think there is a 50-50 shot that succeeds, so if he ends it now with prejudice, that keeps those cases alive," she explained. "It would put the Trump administration in the untenable spot of either accepting that, or having to refile the cases just so they can dismiss them with prejudice."

"So, we will see how that goes, but I think this keeps Jack Smith's hands in control rather than leaving it in the hands of the next Department of Justice," she added.

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