Trump says he'll fire Jack Smith 'within 2 seconds' if he's elected

Former President Donald Trump laid retired Thursday what could beryllium his first bid of business if re-elected: firing nan typical counsel who indicted him successful 2 national cases.

And his comments against Jack Smith were met pinch contiguous pushback from Vice President Kamala Harris' campaign, echoing their claims that nan erstwhile president is acting arsenic if he's supra nan law.

However, nan logistics of Smith's early and his investigations successful a imaginable Trump 2nd word are not arsenic clear cut.

Republican statesmanlike nominee erstwhile President Donald Trump, left, and U.S. typical counsel Jack Smith.

AP/Getty Images

Trump called into nan "Hugh Hewitt Show" connected Thursday and was asked if he would occurrence Smith if re-elected.

"We sewage immunity astatine nan Supreme Court. It's truthful easy. I would occurrence him wrong 2 seconds. He'll beryllium 1 of nan first things addressed," Trump said.

Trump added that he was going to writer Smith.

Almost instantly aft nan show was broadcast, Harris' run condemned Trump's comments.

Campaign spokeswoman Ammar Moussa said successful a connection that Trump's comments were successful statement pinch nan warnings by erstwhile Trump Chief of Staff John Kelly, who warned that Trump was acting for illustration a fascist.

"A 2nd Trump term, wherever a much unstable and unhinged Trump has fundamentally nary guardrails and is surrounded by loyalists who will alteration his worst instincts, is guaranteed to beryllium much dangerous. America can't consequence a 2nd Trump term," Moussa said.

While Trump would person nan authority to nonstop his lawyer wide to occurrence nan typical counsel if reelected, it's not clear if he would person to rumor immoderate bid to person nan Justice Department disregard its prosecutions against him. Any ongoing national cases against Trump would apt halt erstwhile he assumes office, according to longstanding section policy.

That argumentation and soul Office of Legal Counsel opinions authorities that a sitting president cannot look indictment aliases beryllium criminally prosecuted arsenic it "would impermissibly undermine nan capacity of nan executive branch to execute its constitutionally assigned functions."

This creator sketch depicts erstwhile President Donald Trump, right, conferring pinch defense lawyer Todd Blanche, center, during his quality astatine nan Federal Courthouse, Aug. 3, 2023, successful Washington. Special Prosecutor Jack Smith sits astatine left.

Dana Verkouteren/AP, FILE

Trump's onslaught connected Smith was nan latest against nan typical counsel and nan Justice Department successful their astir two-year-long investigation into his alleged criminal activity.

Smith was appointed to his position by Attorney General Merrick Garland successful November 2022 to analyse Trump and his allies' efforts to overturn nan 2020 predetermination arsenic good arsenic Trump's alleged unlawful possession of highly classified documents he took from his clip successful nan White House. He antecedently served arsenic nan main charismatic for nan typical tribunal successful The Hague charged pinch investigating warfare crimes successful Kosovo.

Smith subpoenaed respective of Trump's friends and family members to attest earlier a expansive jury, including Ivanka Trump and erstwhile Vice President Mike Pence.

On June 8, 2023, Smith indicted Trump connected charges he unlawfully retained classified documents and obstructed nan government's efforts to retrieve them. Trump pleaded not blameworthy to nan charges successful a national tribunal successful Florida.

On Aug. 1, 2023, Trump was indicted connected 4 felony counts related to his efforts to overthrow nan 2020 election. Trump pleaded not blameworthy successful national tribunal successful Washington, D.C.

Republican statesmanlike nominee, erstwhile President Donald Trump delivers remarks during a run rally astatine nan Cobb Energy Performing Arts Centre, Oct. 15, 2024, successful Atlanta.

Kevin Dietsch/Getty Images

Both cases were mired successful delays arsenic Trump appealed various aspects of nan prosecutions, including an immunity situation brought by Trump successful his national predetermination subversion lawsuit that made it each nan measurement to nan Supreme Court.

In July, nan court's blimpish mostly ruled that Trump was entitled to immoderate immunity from criminal prosecution for actions taken to overturn nan results of nan 2020 election, and sent nan lawsuit backmost to nan proceedings tribunal to benignant retired which acts fell intelligibly extracurricular nan scope of his charismatic duties arsenic president.

Two weeks aft nan Supreme Court decision, U.S. District Court for nan Southern District of Florida Judge Aileen Cannon, a Trump nominee, dismissed nan classified documents case, ruling Smith's assignment arsenic Special Counsel was unconstitutional because he was not appointed by nan president aliases confirmed by Congress.

Smith is appealing that determination and separately revenge a superseding indictment against Trump successful his D.C. national case, presenting elaborate arguments successful a filing earlier this period astir why Trump's actions precocious his individual interests and were not wrong his charismatic duties.

In this Aug. 1, 2023 record photo, Special Counsel Jack Smith delivers remarks connected a precocious unsealed indictment including 4 felony counts against erstwhile U.S. President Donald Trump, successful Washington.

Drew Angerer/Getty Images, FILE

Trump besides awaits sentencing for his May condemnation connected 34 felony counts of falsifying business records successful New York and a imaginable criminal proceedings successful Fulton County, Georgia, complete his attempts to overthrow nan 2020 election.

ABC News' Lalee Ibssa, Kelsey Walsh, Soo Rin Kim, Fritz Farrow, Gabriella Abdul-Hakim and Will McDuffie contributed to this report.