'Do his dirty work': Ex-federal prosecutor explains why Aileen Cannon is at the top of Trump’s AG list

06 November 2024

Donald Trump promised to fire special counsel Jack Smith ASAP if he won the 2024 presidential election, and having defeated Vice President Kamala Harris, the president-elect will be in a position to do exactly that after he is sworn in for a second term on January 20, 2025.

But former federal prosecutor Glenn Kirschner, in an op-ed for MSNBC's website, argues that Trump will be able to end Smith's role as special counsel without a "Saturday Night Massacre" scenario.

The term "Saturday Night Massacre" refers to Saturday, October 20, 1973, when President Richard Nixon ordered U.S. Attorney General Elliot Richardson to fire Watergate special prosecutor Archibald Cox. When Richardson refused and resigned, Nixon asked Deputy Attorney General William Ruckelshaus to fire Cox — only Ruckelshaus refused as well and resigned. But Solicitor General Robert Bork went along with it and fired Cox.

According to Kirschner, Trump may have an ally who would go along with an order to fire Smith: Judge Aileen Cannon, who is reportedly on Trump's short list for a U.S. attorney general. If Trump does nominate her, she would likely be confirmed by the U.S. Senate — which Republicans flipped on Election Night 2024.

"Given that he's no student of history," Kirschner argues, "Trump may not know that a president can’t fire a special counsel — at least not directly. Only the attorney general can fire a special counsel. This is why, in 1973, when Nixon wanted to shut down Cox, he ordered Attorney General Elliot Richardson to do so."

In Cannon, Kirschner explains, Trump may have a loyalist who would be willing to "do his dirty work." Cannon dismissed Smith's classified documents case against Trump.

"It's fair to say that Trump hit the jackpot by having Cannon preside over and dismissing his criminal case," Kirschner observes. "He certainly thinks so: though Trump has relentlessly and often viciously criticized virtually all other judges who are presiding over his criminal and civil cases, he has praised Cannon effusively every step of the way."

The former federal prosecutor continues, "Now, the kicker: Let's assume Trump nominates Cannon to be attorney general and she is confirmed by the Senate. Trump likely won't even have to tell Cannon to fire Smith, because, in substance, she already has. Trump would be able to avoid the messy 'Saturday Night Massacre' debacle that was part of Nixon's downfall. Trump's promise to fire Smith (was) a final warning to voters that he is proudly and enthusiastically corrupt to his core."

Glenn Kirschner's full MSNBC op-ed is available at this link.

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