A firebrand legal adviser to the president-elect and a conservative lawyer being considered for attorney general appear to be setting the stage for investigations and prosecutions of Donald Trump’s legal adversaries, including special counsel Jack Smith and New York Attorney General, Letitia James.

The threats come as Trump campaign aides say the president-elect views his pick for attorney general as his most important appointment.

In recent days, Mike Davis, an outspoken conservative lawyer who is advising the Trump transition on Justice Department issues, has said in interviews that Smith belongs in prison and that James could face prosecution.

“I challenge you to try to continue your legal fight against President Trump during his second term,” Davis, a Republican lawyer who often uses provocative language, said during an appearance on the Trump podcast. pro-Trump influencer Benny Johnson.

“Listen here, honey,” Davis continued, addressing James. “This time we’re not messing around and we’ll put your fat ass in jail for anti-rights conspiracy.” I promise you.

Davis spoke after James, who won a $355 million civil verdict against Trump’s companies, held a news conference and said his office was ready to “fight back” against political and regulatory threats of the Trump administration.

Davis job on X that Smith should “get a lawyer” and said in a appearance on Newsmax that Smith “should go to prison for engaging in a criminal conspiracy against President Trump.”

A spokesperson for Smith declined to comment.

In an interview, Davis said he made the comments because “I wanted to send a very powerful political message.” The American people delivered their verdict on Tuesday and this legal war must end. »

Davis later job that he does not speak for Trump or seek office in the new administration.

Attorney General Candidate

One of the people NBC News learned Trump was considering for attorney general — Mark Paoletta — republished on X an article he wrote over the summer, arguing that Trump can and should tell the Justice Department who to investigate.

Opposing a 50-year-old post-Watergate norm that presidents should guide DOJ policy but play no role in individual criminal investigations, Paoletta said the president has the legal authority to order his attorney general to investigate specific individuals.

The “Constitution vests executive power, including the DOJ, in our ELECTED President ALL,” Paoletta wrote on X, with a link to an article he wrote on the subject in July. “He has a duty to supervise the DOJ, including, if necessary, on specific cases. Our system does not allow for irresponsible agency.

Paoletta did not respond to a request for comment.

Paoletta is one of several people being considered to lead the Justice Department, people familiar with the matter told NBC News. Others include Missouri Sen. Eric Schmitt and Utah Sen. Mike Lee; John Ratcliffe, who was director of national intelligence during Trump’s first term; and Matt Whitaker, who was acting attorney general under Trump.

All of these people claimed – without citing any specific evidence – that Smith’s federal prosecution of Trump was politically motivated.

On Friday, a judge granted Smith’s request to cancel all scheduled hearings in the DC v. Trump case. Earlier this week, DOJ officials said they were weighing how to end Smith’s two federal criminal cases against Trump before he takes office to comply with the department’s long-standing policy that a sitting president cannot be prosecuted. On Friday, the judge granted Smith’s request to suspend all hearings in the case until Dec. 2.

A person familiar with Smith’s team’s thinking — who spoke on the condition of anonymity to recount sensitive conversations — said she was confident her work could withstand legal scrutiny, but that she worried about the expense and stress that often comes with being the target of a federal investigation. .

Davis also has a long history of making provocative statements intended to outrage liberals.

The Supreme Court’s immunity ruling this spring made clear that the president’s orders to the Justice Department are immune from criminal review.

The Department of Justice is not the final word in the criminal system. Even if federal prosecutors target an individual at Trump’s request, a judge can dismiss the case, citing a lack of evidence. Juries could also refuse to convict the accused.

Career DOJ officials, who work for both Republican and Democratic presidents and pledge to be impartial, could also decline to pursue a case, citing a lack of merit. Trump’s allies have argued that these prosecutors should be fired.

Career Justice Department employees prepare for Trump’s second term

Current and former Justice Department officials told NBC News that many career officials within the DOJ, fearing what they might be ordered to do by Trump or his appointees, are considering leaving.

“I think there will be an influx of exits,” said a former senior DOJ official.

But two current DOJ officials said many of the department’s lawyers are determined to stay, move forward and do their jobs.

During Trump’s first term, John Durham, a special counsel appointed by Attorney General Bill Barr, spent years examining the actions of the CIA and FBI in connection with Russian election interference efforts of 2016, only to get a single guilty plea from a lying FBI lawyer. on a document. Many of those interviewed had to spend thousands of dollars in legal fees.

The Trump Justice Department will have access to all texts, emails and memos written by all members of the Smith team on government phones and computers during the investigation.

“Jack Smith should definitely go to hell,” Davis said on Newsmax.

Garrett Haake and Vaughn Hillyard contributed.

Donald Trump has pledged to take action on various issues on his first day in office.

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