Legal analyst Jeffrey Toobin expressed skepticism about how President-elect Trump would fare if special counsel Jack Smith were to publicly discuss the federal cases against him, stating that it “doubt[s] it would go so well for President Trump.”
Smith is currently handling two cases involving Trump: one related to efforts to overturn the 2020 election, which led to the Jan. 6 Capitol riot, and another concerning the retention of classified documents at Trump’s Florida estate and allegations of obstructing justice.
Special counsel Jack Smith’s cases on Trump involve election interference and classified documents
Toobin suggested that calling Trump to testify could backfire, particularly if Jack Smith is given a platform to discuss the cases. “Be careful what you ask for, because if Jack Smith has a forum to talk about these cases, it’s—I doubt it would go so well for President Trump,” Toobin told CNN’s Anderson Cooper on Friday.
Following Trump’s presidential victory, Smith had been considering how to resolve the two ongoing cases, in accordance with Justice Department policy that prohibits prosecuting sitting presidents. While many anticipated that a Trump-led Justice Department would end the cases, Smith’s team has been evaluating the possibility of pulling back the charges before the inauguration.
On Friday, a federal judge granted Smith’s request to delay deadlines in Trump’s election interference case. Regarding the question of whether Smith could face imprisonment, Toobin reassured, stating, “As long as the rule of law exists in something like its current form, there is no way you can imprison Jack Smith.”
Although Trump has signaled his intention to dismantle Smith’s office if he regains the presidency, telling conservative radio host Hugh Hewitt in October that he would fire Smith “within two seconds,” Trump still faces potential civil legal challenges.
Trump’s civil cases, however, are moving forward, and he could be subjected to more than $500 million in penalties from judgments in the New York Attorney General’s civil fraud case and two defamation suits filed by columnist E. Jean Carroll.
While the Justice Department’s policy prevents criminal prosecution of a sitting president, civil lawsuits against a sitting president can proceed, as seen in the past. New York Attorney General Letitia James (D) stated Wednesday that her office is ready to pursue actions against a second Trump administration.
