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How Trump plans to avoid a ‘Saturday Night Massacre’

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How Trump plans to avoid a ‘Saturday Night Massacre’

Donald Trump told a conservative radio host Thursday that, if elected, he would fire special counsel Jack Smith “within two seconds.” It’s hard to hear this without recalling how another Republican president, Richard Nixon, tried this same maneuver as a last-ditch attempt to avoid having to comply with a special prosecutor’s subpoena for what turned out to be incriminating audio tapes. Nixon’s directive to fire then-special prosecutor Archibald Cox led to the “Saturday Night Massacre,” when Nixon’s attorney general and deputy attorney general resigned rather than carry out Nixon’s order. 

But Trump may have come up with a plan to avoid the messy Nixon-era optics of multiple resignations.

Given that he’s no student of history, Trump may not know that a president can’t fire a special counsel — at least not directly.

In November 2022, Attorney General Merrick Garland appointed Smith as special counsel and authorized him to conduct two investigations. The first covered possible crimes committed by Trump in connection with his attempts to retain the power of the presidency after losing the 2020 election, while the second concerned possible crimes surrounding his retention of classified documents in Florida. As a result of this appointment, Smith indicted Trump on four counts for crimes allegedly committed on and around Jan. 6, 2021, and 40 counts in the classified documents case. 

Unsurprisingly, then, Trump has attacked Smith ever since his appointment, and is now promising to fire Smith as one of his first acts should he be elected to a second term. 

Given that he’s no student of history, Trump may not know that a president can’t fire a special counsel — at least not directly. Only the attorney general can fire a special counsel. This is why, in 1973, when Nixon wanted to shut down Cox, he ordered Attorney General Elliot Richardson to do so. Richardson refused and immediately resigned. Nixon then turned to his deputy attorney general, William Ruckelshaus, and ordered him to fire Cox. Ruckelshaus also refused and resigned. Nixon then moved on to the No. 3 guy at the Department of Justice, Solicitor General Robert Bork and ordered him to fire Cox. Bork did so, though a court later would rule the firing was unlawful.

Trump has considered firing a special counsel once before. During Robert Mueller’s Russia investigation, Trump considered asking Deputy Attorney General Rod Rosenstein to fire Mueller (Attorney General Jeff Sessions had recused himself from overseeing the inquiry). But his White House counsel Don McGahn threatened to resign, and even loyal Republicans like Sen. Lindsey Graham warned that “any effort to go after Mueller could be the beginning of the end of the Trump presidency.”

This time, though, Trump may have a scheme to ensure a Justice Department official will do his dirty work. ABC News recently reported that Trump’s transition team has none other than Judge Aileen Cannon on the short list to be Trump’s attorney general. NBC News and BLN haven’t confirmed the report, which cited “sources familiar with the matter.” But Cannon’s appeal to Trump is obvious, as she might be just the person whom Trump could count on to fire Smith.

Trump likely won’t even have to tell Cannon to fire Smith, because, in substance, she already has.

Cannon was nominated to the federal bench by Trump (and confirmed after he lost the 2020 election). When the FBI seized classified documents from Mar-a-Lago, Trump’s Florida property, Trump filed suit contesting the legality of the seizure. Cannon was assigned to preside over the litigation, and her ruling appointing a special master to the matter effectively stopped the criminal investigation dead in its tracks. When the Department of Justice appealed, the 11th Circuit Court of Appeals reversed Cannon not once but twice for abusing her judicial discretion. 

After Smith indicted Trump for crimes including unlawful retention of classified materials, obstructing justice and violating our nation’s espionage laws, the trial was unfortunately assigned to Cannon. After months of foot-dragging, she dismissed the charges against Trump, concluding that special counsels are unconstitutional. Cannon made this ruling notwithstanding the fact that special counsels and special prosecutors have been used in the criminal justice system dating back to the 1800s, and every judge and court that has ever litigated the issue has ruled that they are lawful and constitutional. 

It’s fair to say that Trump hit the jackpot by having Cannon preside over and dismissing his criminal case. He certainly thinks so: though Trump has relentlessly and often viciously criticized virtually all other judges who are presiding over his criminal and civil cases, he has praised Cannon effusively every step of the way. 

Now, the kicker: Let’s assume Trump nominates Cannon to be attorney general and she is confirmed by the Senate. Trump likely won’t even have to tell Cannon to fire Smith, because, in substance, she already has. Trump would be able to avoid the messy “Saturday Night Massacre” debacle that was part of Nixon’s downfall. 

Trump’s promise to fire Smith is a final warning to voters that he is proudly and enthusiastically corrupt to his core. In the event voters return him to office, he undoubtedly will once again be willing to use that office’s powers to evade criminal accountability. And, given that the Supreme Court’s immunity ruling has given Trump a blueprint for how to continue to evade criminal accountability, it’s not hyperbole to conclude that in the upcoming election, the health of American democracy is on the line. 

Glenn Kirschner

Glenn Kirschner, a former assistant U.S. attorney for Washington, D.C., is an NBC News and BLN legal analyst.

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Andy Beshear hits Newsom for hosting Bannon on his new podcast

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Kentucky Gov. Andy Beshear took a swipe Thursday at a fellow leading Democrat, California Gov. Gavin Newsom, for hosting one of the most prominent figures in the MAGA movement on his new podcast.

Beshear, whose popularity in a heavily Republican state has turned him into a potential presidential candidate, told reporters that Newsom shouldn’t have opened his platform to Steve Bannon, an outspoken advocate of the “America first” agenda of President Donald Trump.

“I think that Governor Newsom bringing on different voices is great, we shouldn’t be afraid to talk and to debate just about anyone,” Beshear said at a Democratic policy retreat in Virginia. “But Steve Bannon espouses hatred and anger, and even at some points violence, and I don’t think we should give him oxygen on any platform, ever, anywhere.”

The criticism of Newsom, who is widely expected to run for president, amounted to what could be an early skirmish in the next Democratic primary. It also reflects divisions within a party trying to find its footing after Trump’s resounding victory.

The California governor recently launched the podcast, which appears to some degree to be an effort to find common ground with an ascendant conservative movement.

In his debut episode, speaking to Charlie Kirk of Turning Point USA, Newsom drew widespread attention — and criticism — for suggesting that Democrats were wrong to allow transgender athletes to participate in female youth sports. He was also critical of progressives who have called for defunding the police or who use the gender neutral term “Latinx.”

Newsom defended his approach and the Bannon interview in an email statement on Wednesday, saying it is “critically important” to understand Trump’s movement and how it successfully operated in the last campaign.

In the hour-long episode, Bannon repeated the debunked claims that the 2020 election was stolen amid a discussion that also covered tariffs and taxes.

“I think we all agreed after the last election that it’s important for Democrats to explore new and unique ways of talking to people,” Newsom said.

A spokesperson for Newsom, who plans to have Minnesota Gov. Tim Walz on his next episode, did not immediately respond to a request for comment about Beshear’s remarks.

The Kentucky governor, who was a featured speaker at the retreat along with Pennsylvania Gov. Josh Shapiro and Michigan Gov. Gretchen Whitmer, was not alone in criticizing the Bannon interview.

Former Republican Rep. Adam Kinzinger, who was one of the few Republicans in Congress to challenge Trump, called it an “insane” decision to host Bannon.

“I am in shock at the stupidity of [Newsom] inviting Steve Bannon on his podcast,” Kinzinger said Wednesday. “Many of us on the right sacrificed careers to fight Bannon, and Newsom is trying to make a career and a presidential run by building him up.”

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Top Illinois Democrat readies a Senate bid — and tells people she has major backing

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Ambitious Illinois Democrats are dreaming about Sen. Dick Durbin’s exit in 2026. The latest contender: the state’s lieutenant governor.

Juliana Stratton, who first took office in 2019, is quietly positioning herself for a Senate bid if Durbin bows out, calling key Democratic figures to ask for support, according to three people with knowledge of her plans, one of whom spoke with her directly and the other two who spoke with members of her team.

And she and her staff have said that she’s already secured the support of Gov. JB Pritzker, the three people said. They were granted anonymity to discuss private conversations and avoid political retribution. She and her team have made clear she expects Pritzker to be heavily involved financially, those people said.

“Juliana continues to keep an open mind about future opportunities, and if she does decide to pursue higher office, she’d be proud to earn the governor’s support while working to build a broad grassroots coalition,” said a spokesperson for the lieutenant governor, granted anonymity to discuss private conversations.

Pritzker, a high-profile governor and potential 2028 hopeful, is already a prolific Democratic donor and party operator, and his vast personal wealth would be a significant boost to any candidate. His money and endorsement could transform the brewing shadow primary that includes several members of the state’s congressional delegation.

His team declined to discuss an endorsement or financial backing in any potential primary. “We’re not going to engage with hypotheticals for a seat that’s not even open,” said a person close to the governor’s political operation granted anonymity to speak candidly.

The governor hand-picked Stratton, then a state representative, to be his running mate in 2017 and he was a guest of honor last month at a fundraising event for her newly formed federal PAC.

Illinois Lt. Gov. Juliana Stratton speaks to reporters as Gov. JB Pritzker, to her left, looks on with other state lawmakers in Chicago on Feb. 10, 2025.

Pritzker, a billionaire heir to the Hyatt hotel empire, could support that PAC as well as donate millions to any other super PACs supporting her campaign. That kind of financial support could make Stratton the front-runner in a primary that would essentially guarantee a spot in the Senate in the heavily blue state.

And if a Pritzker-backed candidate wins the race, it could help position him even more firmly as a major Democratic powerbroker, one whose influence could extend beyond Illinois political circles as 2028 approaches.

Durbin has served in the Senate since 1997 and while many Democrats expect the 80-year-old will retire, those close to him say he hasn’t yet decided.

In a brief interview Wednesday, Durbin acknowledged the lieutenant governor was among the Democrats who are preparing for his possible retirement: “She said if I run she’s not going to.”

Democratic Rep. Raja Krishnamoorthi has been padding his campaign account for years for a possible Senate run. He had amassed $17.1 million by the end of 2024. His fellow Democratic Reps. Lauren Underwood, who flipped a GOP-held district in 2018, and Robin Kelly, the former chair of the Illinois Democratic Party, are also eyeing the seat.

And Illinois Democrats have made a parlor game of wondering what’s next for Rahm Emanuel, the former Chicago mayor who just returned from an ambassador stint in Japan. For now, he’s a commentator on BLN.

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‘Be careful about this’: Warnings abound as GOP considers writing off tax cuts

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‘Be careful about this’: Warnings abound as GOP considers writing off tax cuts

Republicans will discuss the accounting maneuver with President Donald Trump on Thursday…
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