The recent letter from President-elect Donald J. Trump’s criminal defense attorneys to the Justice Department was filled with legal and political bravado.
In it, lawyers Todd Blanche and Emil Bove aimed to stop special counsel Jack Smith from releasing a report on Mr. Trump’s mishandling of classified material, accusing Mr. Smith of unethical conduct. The letter used strong language like “dereliction of duty” and claimed Mr. Smith was leaking information to the media. This attack on Mr. Smith has been ongoing for months.
The tone of the letter takes on new significance now that Mr. Trump has won the election, following his repeated assertions that Mr. Smith is corrupt and should be held accountable for charging him.
The assertive stance of the letter becomes particularly important because Mr. Blanche and Mr. Bove are set to assume key roles in Mr. Trump’s Justice Department, where they could influence how to handle Mr. Smith and his team.
The situation poses a precedent where a former president’s defense lawyers transition into high-ranking positions in an administration led by the same client. Mr. Trump has hinted at using the Justice Department to retaliate against his adversaries.
It remains to be seen whether experienced prosecutors like Mr. Blanche and Mr. Bove would comply with such instructions, especially without proof of ethical misconduct by Mr. Smith.
Regardless, the accusations against Mr. Smith’s use of prosecutorial powers cannot be dismissed, particularly as they come from lawyers about to lead the Justice Department and wield similar powers.
Mr. Trump’s legal team argues that Mr. Smith issuing a final report is unethical, even though Justice Department regulations mandate submitting a report. The perceived urgency in making the report public before Mr. Trump takes office is viewed as a political move by some.
Mr. Blanche’s nomination as deputy attorney general could grant him decision-making power over charging individuals and internal disciplinary matters within the department, while Mr. Bove is expected to be his right-hand man.
The closer they get to these roles, the more scrutiny their legal actions on behalf of Mr. Trump will face as an indication of their approach to running the Justice Department.
The letter to Attorney General Merrick B. Garland could serve as a template for targeting individuals involved in investigating and prosecuting Mr. Trump through reassignments, demotions, or dismissals.
Mr. Blanche and Mr. Bove did not respond to requests for comment, but Mr. Trump’s communications director echoed concerns about the report’s release. Mr. Trump’s past statements suggest a desire to remove Mr. Smith from his position.
While Mr. Smith plans to submit his report and resign before the new administration begins, the process of his team’s departure has already commenced.
Key member of Mr. Smith’s team, Jay Bratt, has retired after 34 years of service, signaling the team’s dissolving.
Mr. Trump’s lawyers have been known for their aggressive approach, which judges have previously criticized for crossing boundaries in legal advocacy.
Judge Juan M. Merchan and Judge Tanya S. Chutkan rebuked the lawyers for their rhetoric. Mr. Smith intends to file his report and resign before the new administration takes over.
A ruling by Judge Aileen M. Cannon has temporarily halted the release of Mr. Smith’s report, adding to the uncertainty surrounding the situation.