representative Elise Stefanik (RY) filed an ethics complaint against the special counsel Jack Smith Tuesday, accusing the prosecutor leading federal investigations into former President Trump of attempting to “illegally interfere with the 2024 presidential election.”
Stefanik, chairman of the House GOP conference and a close Trump ally, filed a complaint with the Justice Department’s Office of Professional Responsibility, arguing that Smith is trying to “rush through” Trump’s federal election subversion case.
“It is obvious to any reasonable observer that Jack Smith is attempting to interfere with the 2024 election and prevent the American people from electing Donald Trump,” Stefanik said in a statement. “At every turn, he has sought to accelerate his illegal prosecution of President Trump with the clear (though unstated) goal of putting him on trial before the November election. »
Smith should be censured for violating the Justice Department’s manual, she says, citing an article that says lawyers can “never choose the timing of an action…for the purpose of influencing an election.” .
“Smith’s conduct has brought the Department of Justice and the entire federal government into disrepute, and the DOJ’s Office of Professional Responsibility should impose the discipline that such conduct warrants,” Stefanik said in his statement.
The New York Republican highlights Smith’s actions in court to support her claims of political animus, including asking the Supreme Court to weigh Trump’s immunity claims before they are further considered by a court call.
The complaint is unlikely to prompt the Justice Department to act, however, because Smith’s case began with an indictment in August 2023, about 15 months before the presidential election.
Although it is an unwritten policy, the Justice Department encourages prosecutors to follow the “60-day rule” – avoiding any action that could influence an election.
A prosecutor on Smith’s team handling the Trump documents case at Mar-a-Lago recently clarified they view the “60-day rule” as applying to investigative steps or filing a case that could influence an election, as opposed to continuing efforts in an ongoing case.
Trump is, of course, the first presidential candidate to test the limits of this rule by facing ongoing lawsuits while running for office again.
Stefanik’s complaint also echoes a series of arguments already made in court by Trump’s own lawyers, saying the legal team is overwhelmed by the breadth of evidence it must review in the case.
She also analyzes documents Smith filed with the Supreme Court. Smith at one point urged the court to overtake the appeals court by taking up Trump’s argument that he is immune from prosecution as a former president, an unusual move that, if successful, would have speeded up the resolution of the problem.
“Aside from the upcoming election, what ‘compelling interest’ does the public have in a speedy resolution of this matter? Stefanik wrote.
She…
