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In the wake of Trump’s electoral triumph, Smith’s recent request to Judge Tanya Chutkan to delay proceedings in the January 6 case against Trump appears to be a feeble attempt at shielding himself. However, legal experts suggest that this move won’t protect Smith from growing scrutiny, particularly from state-level officials like Texas Attorney General Ken Paxton, who has launched an investigation into the special counsel’s actions. Additionally, the House Judiciary Committee is conducting its own probe into Smith’s office.
The political landscape surrounding Trump’s victory has created an atmosphere of fear and uncertainty within the DOJ. According to Politico, some career lawyers at the DOJ are considering resigning rather than dealing with the potential consequences of Trump’s return. The growing perception of the DOJ being a partisan entity under the Biden administration has led many to worry about a reckoning if Trump follows through on his promises to drain the swamp.
In the wake of Trump’s victory, an atmosphere of dread has taken hold at the DOJ, particularly among those tied to the special counsel’s office. “Everyone I’ve talked to, mostly lawyers, are losing their minds,” one anonymous DOJ attorney told Politico. “The fear is that career leadership and career employees everywhere are either going to leave or they’re going to be driven out.”
This growing sense of fear stems from the deepening partisan divide, as DOJ employees are worried about potential reprisals from a President Trump and his allies. For many at the DOJ, especially those working with or under Jack Smith, the looming threat of mass firings and a reorganization of the department hangs heavy. Trump’s past criticisms of the DOJ, often labeling it as a part of the “deep state,” have added fuel to this fire.
Jack Smith, who has overseen several controversial investigations into Trump, including the handling of classified documents and the January 6 events, is facing mounting pressure. His recent actions, such as requesting a delay in the January 6 case, have done little to quell concerns. However, Smith’s requests for legal reprieve may not be enough to stave off potential investigations into his conduct. Both Texas Attorney General Paxton and the House Judiciary Committee are now actively investigating Smith’s operations, adding yet another layer of scrutiny.
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The fear of retribution within the DOJ could lead to a significant shake-up, with many of its top attorneys already contemplating their future with the department. The fear of political consequences has never been more palpable, as some speculate that a second Trump term could result in significant changes at the DOJ, which many critics have accused of being politically biased.
In the coming months, it will become clearer whether the DOJ’s career prosecutors will continue to fear the consequences of Trump’s return or whether they will weather the storm. But one thing is certain: the battle between the DOJ and Trump is far from over, and the fallout from the 2024 election is likely to shape the future of the department for years to come.
