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Trump will just fire him if he doesn't, so it doesn't really matter.
Trump will fire him anyway, then throw them to the leopards.
You could pretend justice is still working and then make him do it. Even if it's a waste of time, even if the Supreme Court will quash it. It doesn't matter in that the end result guaranteed, but there's value in making authoritarians be authoritarian.
That would require Biden getting off his ass.
It would be a different world if he'd done that four years ago and appointed someone to be AG that was willing to enforce the law against powerful people even if it caused conflict. Merrick Garland may be the single person most to blame for this result behind Joe Biden and Kamala Harris. But we sure did clap back at those Republicans, didn't we?
Why? It's not like Trump is an unknown quantity at this point. They knew what he was when they voted for him, after all his previous authoritarian remarks- being even more open about it isn't going to change any minds.
Because it's a public influence campaign to influence resistance to his worst impulses (by politicians and the public) and position the Democratic party as righteous. People don't just see one authoritarian thing and believe he's authoritarian, it's a conclusion you build up over time and need to maintain. And just preemptively rolling over for expediency gets you nothing. There's no cost for doing this. Learned helplessness isn't a strategy.
If Smith is still there when Trump is coronated, everything about those cases is immediately black-holed. Theoretically, if Smith folds early, he can release everything he's done to the public.
He might, or he might not. But if Trump fires him, he won't have control of the information any longer.
You can do both. Release a report in anticipation of being fired and make them fire you.