Republican Representative Elise Stefanik has called on the Department of Justice to launch an investigation into Special Counsel Jack Smith's handling of legal actions against former President Donald Trump.
CBS News reported that Stefanik alleges that Smith's prosecutorial decisions are politically motivated and breach various professional conduct standards.
Rep. Stefanik's demand for a probe centers on the Justice Department's Office of Professional Responsibility. She claims that the special counsel's approach to the criminal cases involving Trump in Washington, D.C., is intended to influence the forthcoming 2024 presidential election.
At the heart of the controversy are the charges against Trump for allegedly trying to overturn the results of the 2020 presidential election. Trump has entered a plea of not guilty to these accusations. According to Stefanik, Smith is pushing for the trial to occur before the election to sway the outcome.
The Justice Department guidelines caution against timing legal proceedings to affect elections. However, Smith has not explicitly mentioned the election in his legal filings, a point emphasized by Stefanik in her public statements.
Further complicating matters, Stefanik argues that Smith's eagerness to expedite the trial reveals his ulterior motives. She refers to the "60-day rule," a DOJ policy that generally discourages actions that might influence an election near voting time. Yet, a prosecutor in another case involving Trump's handling of government documents stated that this rule does not necessarily apply.
Adding to the tension, Stefanik accuses Smith of ignoring a federal court order to pause legal actions against Trump while his immunity from federal prosecution is being challenged—a move she claims violates the D.C. Bar's rules of professional conduct.
Trump's legal team has unsuccessfully attempted to have Smith held in contempt for allegedly breaching this order. However, U.S. District Judge Tanya Chutkan determined that the actions taken by Smith did not "clearly and unambiguously" violate any direct order.
Meanwhile, the 2020 election case remains in limbo. The Supreme Court is expected to deliver a decision by the end of June regarding Trump's claim to immunity.
In her letter, Stefanik expressed concern over the potential misuse of prosecutorial power: "Jack Smith has not talked about the election in his filings because it is an obviously improper reason to expedite President Trump's trial."
She further argued for transparency and accountability, stating, "If that is true, then he should be open to, and welcome, an ethics investigation into conduct that, on its face, implicates potential violations of DOJ policy and multiple rules of professional conduct."
A prosecutor handling another Trump-related case commented that proceeding with a trial close to an election does not contravene Justice Department guidelines, contradicting Stefanik's concerns.
Judge Chutkan's remarks about the government's actions also shed light on the complexity of the legal issues at stake: "The order did not clearly and unambiguously prohibit the government actions" objected Trump.
Meanwhile, Smith's statement underscores the principle guiding the investigation: "No one in this country …is above the law."
The dispute over Jack Smith's handling of the Trump prosecutions underscores deeper questions about the intersection of law and politics in America. As the legal proceedings continue, the outcomes will likely have significant implications not only for the individuals involved but for the broader political landscape ahead of the 2024 presidential election.
