Jack Smith’s Authority To Prosecute Trump Is on ‘Life Support,’ Republican States Argue

Legal experts split on whether the special counsel has jurisdiction to pursue charges against former President Donald Trump.

The legal authority of special counsel Jack Smith to prosecute former President Donald Trump is in jeopardy, according to a new court filing from Republican-led states. The states argue that Smith lacks jurisdiction to pursue charges against Trump because he is not a “covered person” under the relevant statute.

The Special Counsel’s Authority

Smith was appointed in November 2022 to investigate Trump’s role in the January 6, 2021, attack on the U.S. Capitol. He is also investigating Trump’s handling of classified documents after he left office.

The statute that governs special counsels, the Special Counsel Regulations, defines a “covered person” as someone who is “a current or former President, a Vice President, an Attorney General, a Deputy Attorney General, an Associate Attorney General, a United States Attorney, or a Deputy United States Attorney.”

The Republican-led states argue that Trump is not a “covered person” because he is no longer President. They also argue that Smith’s investigation is politically motivated and that he is exceeding his authority.

Legal Experts Divided

Legal experts are divided on the issue of Smith’s authority. Some experts believe that the states’ arguments are persuasive and that Smith may not have jurisdiction to prosecute Trump.

Other experts believe that Smith does have jurisdiction and that the states’ arguments are without merit. They point out that the Special Counsel Regulations do not explicitly state that a “covered person” must be currently holding office.

The Next Steps

The court will ultimately decide whether Smith has jurisdiction to prosecute Trump. The court could rule on the issue before Smith completes his investigation, or it could wait until after he has filed charges.

If the court rules that Smith does not have jurisdiction, it could severely hamper his investigation. It could also lead to Trump being charged with crimes by a regular prosecutor.

If the court rules that Smith does have jurisdiction, it will allow him to continue his investigation and potentially file charges against Trump.