A former federal prosecutor has revealed the next steps that Democrats would need to take if Judge Aileen Cannon rules that Jack Smith was illegally appointed as special counsel.
It comes as President Donald Trump’s critics are clearly beginning to panic about the state of several of the Democrats’ lawfare cases.
Specifically, Democrats are now starting to worry regarding the potential outcome of the classified documents case and trial brought against Trump by Smith.
What was once a seeming slam dunk has turned into a nightmare for Smith and his prosecutors, and Trump’s enemies.
According to Newsweek, a former federal prosecutor recently weighed in on what he believes should happen if Judge Cannon rules in favor of Trump.
Cannon is reviewing the challenges from Trump and his lawyers to Smith’s appointment by Democrat President Joe Biden’s Department of Justice (DOJ).
Cannon has already completed one of three hearings to weigh the matter.
There’s a chance she could decide that Smith was not legally appointed to the special counsel position by Biden’s Attorney General Merrick Garland.
Former federal prosecutor Randall Eliason recently said that he believes Biden’s DOJ should have a multi-step approach should Judge Cannon rule in Trump’s favor in the matter.
Smith’s appointment by AG Garland has been formally called into question by many, including Trump’s legal defense team.
Newsweek noted:
“Trump’s legal team has argued that U.S. Attorney General Merrick Garland’s appointment of Smith to prosecute the Mar-a-Lago case is invalid because Garland lacks the legal authority to appoint a special counsel who hasn’t been approved by the Senate.”
Eliason is clearly worried about the potential of Cannon deciding in Trump’s favor.
In a recent post on X, Eliason listed four steps that the DOJ should immediately pursue in that scenario.
In the post, Eliason wrote:
“If Judge Cannon dismisses the indictment because she finds Smith was unlawfully appointed, here’s what DOJ should do:
“1) Don’t appeal;
“2) Have US Atty in FL refile the same charges in a new case – it would be very easy and fast;
“3) case gets reassigned – hopefully to a new judge;
“4) Smith’s prosecution team are designated as Special AUSA’s in FL to continue prosecuting the case.”
If Judge Cannon dismisses the indictment because she finds Smith was unlawfully appointed, here’s what DOJ should do:
1) Don’t appeal
2) Have US Atty in FL refile the same charges in a new case – it would be very easy and fast
3) case gets reassigned- hopefully to a new judge 1/— Randall Eliason (@RDEliason) June 22, 2024
Eliason’s roadmap for the DOJ was met with sharp criticism across social media, however.
One X user wrote:
“So you want them to ‘shop’ for the perfect Judge who doesn’t mind violations of protocols or laws and will be assured beforehand…they will find whatever you like the results to be….yes you are a Democrat….the end justifies the means to you all…disgusting…”
Another X user wrote:
“Sounds like you’re judge shopping.
“Morally despicable.”
Cannon is expected to issue a decision after the hearings are completed.
A decision is expected to come within the next week.
READ MORE – Judge Grills Jack Smith over AG Garland’s Involvement in Anti-Trump Case
