At The Hill, Penn law professor Claire Finkelstein offers what I’d call a “government lawyers rule the world” argument that Biden-Harris DOJ special counsel Jack Smith must not drop the charges against President-elect Trump. (As I noted last week, Smith and the DOJ appear prepared to do just that. It’s been widely reported that Smith will leave his post before President Trump is sworn in on January 20.)
In a nutshell, Professor Finkelstein contends that guidance from the Justice Department’s Office of Legal Counsel, on which Smith and the DOJ rely, is either wrong or inapplicable. She adds that Trump could be guilty of obstruction of justice if he (a) fires Smith (after Smith has followed her advice and declined to dismiss the case) and (b) then directs his Justice Department to dismiss the case.
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