House Republicans have put Special Counsel Jack Smith on notice that they are watching his actions in the aftermath of President-elect Donald Trump’s victory.
House Judiciary Committee Chairman Rep. Jim Jordan of Ohio and House Administration Subcommittee on Oversight Chairman Rep. Barry Loudermilk of Georgia have ordered Smith to “preserve all records surrounding the Biden-Harris Administration’s politicized prosecutions of President Donald Trump,” according to a news release.
A pre-election CNN report said members of Smith’s office were “gaming out legal options.”
On Friday, according to NBC, U.S. District Court Judge Tanya Chutkan paused Smith’s election interference case against Trump, which was requested by Smith’s office, saying it needed “time to assess this unprecedented circumstance” that the object of prosecution can have it ended in January “and determine the appropriate course going forward consistent with Department of Justice policy.”
The filing said Smith will submit an update by Dec. 2 of how the government plans to proceed.
Jack Smith:
Preserve your records. pic.twitter.com/Toazp1EATk
— House Judiciary GOP 🇺🇸🇺🇸🇺🇸 (@JudiciaryGOP) November 8, 2024
Jordan and Loudermilk warned Smith that they are watching him.
“With President Trump’s decisive victory this week, we are concerned that the Office of Special Counsel may attempt to purge relevant records, communications, and documents responsive to our numerous requests for information,” the letter said.
Should Republicans investigate Jack Smith?
“The Office of Special Counsel is not immune from transparency or above accountability for its actions.
“Furthermore, this letter serves as a formal request to preserve all existing and future records and materials related to the Office of Special Counsel’s investigations and prosecutions of President Trump,” the letter continued.
“You should construe this preservation notice as an instruction to take all reasonable steps to prevent the destruction or alteration, whether intentionally or negligently, of all documents, communications, and other information, including electronic information and metadata, that are or may be responsive to this congressional inquiry.”
The letter listed requests for information from Smith’s office, some of which date from June 2023.
The requests include information on such things as how Smith’s office use FBI agents and whether any had previously investigated Trump and communications with the White House.
As noted by The New York Times, not only could whoever Trump appoints as attorney general end the investigation against him, “longstanding Justice Department policy bars the prosecution of sitting presidents.”
Trump has said he would dismiss Smith, according to ABC.
“We got immunity at the Supreme Court. It’s so easy. I would fire him within two seconds. He’ll be one of the first things addressed,” Trump said in an interview last month..
Trump was referring to a U.S. Supreme Court ruling that said a sitting president has immunity from prosecution for his official actions.
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