Trump's Threat to Fire US Attorney Over Tish James Investigation

Trump's Pressure on US Attorney

• 🚨 Donald Trump is reportedly threatening to fire US Attorney Eric Sebert for refusing to indict New York Attorney General Leticia James.
• 🎯 Sebert, appointed by Trump and highly regarded, has been investigating James for alleged mortgage fraud but found insufficient evidence.
• 😠 Trump allegedly desires revenge against James, who successfully sued him for massive business fraud and secured a significant money judgment.

Vindictive Prosecution and Due Process

• ⚖️ Prosecuting James without evidence would be a vindictive prosecution, violating her due process rights.
• 🏛️ A federal judge would likely dismiss such an indictment with prejudice if James files a motion based on vindictive prosecution.
• 📉 This could diminish Trump's power by exposing his threats to prosecute enemies as baseless and ineffective.

Consequences for Prosecutors

• 📜 Prosecutors are bound by state bar rules, and engaging in unethical conduct can lead to disbarment.
• ⚠️ A prosecutor who accepts a position to pursue a vindictive prosecution risks their law license and future career.
• 💰 If a prosecutor acts outside the scope of their official duties, they could face personal liability in a civil lawsuit.

Limits of Pardon Power

• 🚫 Trump's pardon power does not extend to civil lawsuits or state crimes.
• 🤝 Federal judges will serve as the arbiter of whether a prosecution is within the scope of official duties.
• ✨ The legal system offers a path to justice through civil lawsuits against rogue prosecutors, even if criminal pardons are involved.