A firebrand legal adviser to the president-elect and a conservative lawyer under consideration 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’s attorney general. , Letitia James.

The threats come as Trump campaign advisers say the president-elect views his selection as 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 should be in prison and that James could be prosecuted.

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

“Listen, honey,” Davis continued, turning to James. “We’re not going to waste our time this time and put your fat ass in prison for conspiracy against rights. I promise you”.

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

Davis aware in X that Smith should “present himself as a lawyer,” and said in a appearance on Newsmax that Smith “should go to prison for participating in a criminal conspiracy against President Trump.”

A spokesman 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 after aware that he does not speak for Trump and that he is not seeking a position in the new administration.

candidate for attorney general

One of the people NBC News learned Trump is considering for the attorney general job, Mark Paoletta, reposted on X an. article wrote over the summer asserting that Trump can and should tell the Justice Department who to investigate.

Arguing against a 50-year-old post-Watergate rule that presidents should guide Justice Department policy but play no role in individual criminal investigations, Paoletta said the president has the legal authority to order his prosecutor general investigation of specific individuals.

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

Paoletta did not respond to a request for comment.

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

All of those people have claimed, without citing any specific evidence, that Smith’s federal prosecutions of Trump were politically motivated.

On Friday, a judge granted Smith’s request to cancel all scheduled hearings in the D.C. case against Trump. Earlier this week, Justice Department officials said they have been evaluate how to close 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 December 2.

A person familiar with the thinking of Smith’s team, who spoke on condition of anonymity to recount sensitive conversations, said they are confident their work can withstand legal scrutiny, but are anxious 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 designed 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 scrutiny.

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

Career Justice Department officials, who work for Republican and Democratic presidents and pledge to be nonpartisan, could also refuse to prosecute a case, citing a lack of merit. Trump allies have argued that those prosecutors should be fired.

Justice Department workers prepare for Trump’s second term

Current and former Justice Department officials told NBC News that many career public servants within the Justice Department, fearful of what Trump or his appointees might order them to do, are contemplating leaving.

“I think there will be a flood of exits,” said a former senior Justice Department official.

But two current Justice Department officials said many lawyers in the department are determined to stay, move on and do their jobs.

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

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

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

Garrett Haake and Vaughn Hillyard contributed.

Donald Trump has promised to take action on a number of issues on his first day in office.

This story first appeared. on NBCNews.com. More from NBC News: