Fox's Shepard Smith on Trump wanting to prosecute Clinton: 'That's not how it works'

Fox News anchor Shepard Smith criticized President TrumpDonald TrumpEx-Trump lawyer Cohen to pen forward for impeachment book Murkowski says it would be 'appropriate' to bar Trump from holding office again Man known as 'QAnon Shaman' asks Trump for pardon after storming Capitol MORE over a New York Times report that the president sought to have Hillary ClintonHillary Diane Rodham ClintonCan Biden encompass the opposition he embodied? Disney silent on Trump status in Hall of Presidents at Magic Kingdom Biden has an opportunity to win over conservative Christians MORE and James ComeyJames Brien ComeyComey: Biden should consider pardoning Trump Comey: 'Greatest punishment' for Trump after Capitol riot is to 'move past' his presidency Comey argues Trump shouldn't be prosecuted after leaving Oval Office MORE prosecuted at the start of his his show Wednesday.

"That's not how it works," Smith said.


The Times reported Tuesday that Trump wanted to have the Department of Justice (DOJ) prosecute Clinton, his Democratic opponent in 2016, and Comey, the former FBI director that Trump fired. 

Trump reportedly told his then-White House counsel Don McGahn, his liaison to the DOJ, of his desire to prosecute his two political opponents.

But McGahn shot down the idea, telling Trump he didn't have the authority to order those prosecutions and writing in a memo to the president that doing so could put him in jeopardy of being impeached.

Trump has expressed his desire for years to have Clinton prosecuted, telling her in a 2016 debate that he would "instruct my attorney general to get a special prosecutor to look into your situation."

When Clinton said in response that it's "awfully good that someone with the temperament of Donald Trump" wasn't then in charge of the law, Trump replied by telling her that she "would be in jail" if he were.