The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
President Trump's "Weaponization" Executive Order
President Trump signed another executive order, titled "Ending the Weaponization of the Federal Government." It provides, in part:
The prior administration and allies throughout the country engaged in an unprecedented, third-world weaponization of prosecutorial power to upend the democratic process. It targeted individuals who voiced opposition to the prior administration's policies with numerous Federal investigations and politically motivated funding revocations, which cost Americans access to needed services. The Department of Justice even jailed an individual for posting a political meme. And while the Department of Justice has ruthlessly prosecuted more than 1,500 individuals associated with January 6, and simultaneously dropped nearly all cases against BLM rioters.
The order instructs the Attorney General to investigate actions taken by DOJ, the SEC, the FTC, and recommend "appropriate remedial action."
The Attorney General, in consultation with the heads of all departments and agencies of the United States, shall take appropriate action to review the activities of all departments and agencies exercising civil or criminal enforcement authority of the United States, including, but not limited to, the Department of Justice, the Securities and Exchange Commission, and the Federal Trade Commission, over the last 4 years and identify any instances where a department's or agency's conduct appears to have been contrary to the purposes and policies of this order, and prepare a report to be submitted to the President, through the Deputy Chief of Staff for Policy and the Counsel to the President, with recommendations for appropriate remedial actions to be taken to fulfill the purposes and policies of this order.
It does not seem that President Biden gave a pardon to Jack Smith. Or maybe Smith and his team refused to accept pardons.
Smith's work can also be tested under the False Claims Act. If Jack Smith was not in fact holding a lawful position, then he submitted false claims to the federal government. And I think the forum for such a suit would be Fort Pierce. Whether or not private relators are appointed in violation of the Appointments Clause, the United States could bring suit. I do not know if Smith submitted any claims to the state of Florida, perhaps for travel or security concerns. Those claims could also trigger the Florida False Claims Act.
