A legal adviser to the president-elect and a conservative lawyer being considered for the post of attorney general appear to be paving the way for investigations and prosecutions of Donald Trump’s legal opponents, including Special Counsel Jack Smith and the New York Attorney General -General Letitia James.
The threats come as Trump campaign officials say the president-elect views his pick for attorney general as his most important appointment.
In recent days, Mike Davis, an outspoken conservative lawyer who is advising the Trump transition on Justice Department issues, has said in interviews that Smith belongs in prison and that James could face charges.
“I challenge you to try to continue your legal practice against President Trump in his second term,” Davis, a Republican lawyer who often uses provocative language, said during an appearance on pro-Trump influencer Benny Johnson’s podcast.
“Listen here, honey,” Davis continued, turning to James. “We’re not messing around this time, and we’re going to put your fat ass in jail for conspiracy against rights. I promise you that.”
Davis spoke after James, who won a $355 million civil judgment against Trump’s companies, held a news conference and said her office is prepared to “fight back” against policy and regulatory threats from the Trump administration.
Davis posted on X that Smith should “get a lawyer,” and said in a appearance on Newsmax that Smith “should go to prison for involvement in a criminal conspiracy against President Trump.”
A spokesman for Smith declined to comment.
In an interview, Davis said he made these comments because “I wanted to convey a very strong political message. The American people delivered their verdict on Tuesday and this legal practice must end.”
Davis later posted that he does not speak for Trump and does not seek a position in the new administration.
Mike Davis in Washington, DC, in 2018. (Tom Williams/CQ-Roll Call, Inc via Getty Images file)
Candidate attorney general
One of the people NBC News has learned Trump is considering for attorney general — Mark Paoletta — has been reposted on X an article he wrote this summer arguing that Trump can and should tell the Justice Department who to investigate.
Paoletta argued against the 50-year-old post-Watergate norm that presidents should direct DOJ policy but have no role in individual criminal investigations. Paoletta said the president has the legal authority to direct his attorney general to investigate specific individuals.
The “Constitution grants our ELECTED President ALL executive power, including DOJ,” Paoletta wrote on X, with a link to an article he wrote on the subject in July. “He has a duty to provide DOJ oversight, including, if necessary, specific cases. Our system does not allow for an institution that is not accountable.”
Paoletta did not respond to a request for comment.
Paoletta is among those being considered to lead the Justice Department, people familiar with the matter told NBC News. Others include Missouri Senator Eric Schmitt and Utah Senator Mike Lee; John Ratcliffe, who served as director of national intelligence during the first Trump term; and Matt Whitaker, who served as acting attorney general under Trump.
All of these people have claimed — without citing any specific evidence — that Smith’s federal prosecutions of Trump were politically motivated.
On Friday, a judge granted Smith’s request to cancel all scheduled hearings in the DC case against Trump. Earlier this week, DOJ officials said they have been evaluate how to conclude Smith’s two federal criminal cases against Trump before he takes office, to comply with long-standing department policy that a sitting president cannot be prosecuted. On Friday, the judge granted Smith’s request to suspend all hearings in the case until December 2.
A person familiar with the thinking of Smith’s team – who spoke on condition of anonymity to recount sensitive conversations – said they are confident their work can withstand legal scrutiny but are concerned about the costs and stress that often involve being the target of a federal investigation. .
Davis also has a long history of making provocative statements intended to outrage liberals.
The Supreme Court’s immunity ruling this spring made clear that orders from the president to the Justice Department are immune from criminal investigation.
The Department of Justice does not have the final say in the criminal justice system. Even if federal prosecutors target an individual at Trump’s request, a judge could dismiss the case based on a lack of evidence. Juries can also refuse to convict the suspect.
Career officials at the Justice Department, who work for Republican and Democratic presidents and promise to be impartial, could also decline to prosecute a case, citing lack of merit. Trump allies have argued that such prosecutors should be fired.
Career DOJ employees are gearing up for a second Trump term
Current and former Justice Department officials tell NBC News that many career officials within the DOJ, fearful of what they might be tasked with by Trump or his appointees, are considering whether to leave.
“I think there will be a flood to the exits,” said a former senior DOJ official.
But two current DOJ officials said many department attorneys are determined to stay, move on and do their jobs.
During Trump’s first term, a special counsel appointed by Attorney General Bill Barr, John Durham, spent years scrutinizing the actions of the CIA and FBI related to Russia’s 2016 election interference, but received only one guilty plea from an FBI lawyer who lied. on a document. Many of those interviewed had to spend thousands of dollars in legal fees.
Trump’s Justice Department will have access to every text message, email and memo written by everyone on the Smith team on government phones and computers during the investigation.
“Jack Smith should definitely go to hell,” Davis said on Newsmax.
Garrett Haake and Vaughn Hillyard contributed.
Donald Trump has promised to take action in several areas on his first day in office.
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