Rep. Elise Stefanik (R-N.Y.) lodged an ethics complaint against special counsel Jack Smith on Tuesday. Stefanik accused Smith, who is currently overseeing the federal investigations into former President Trump, of attempting to unlawfully interfere with the 2024 presidential election.
Stefanik, who serves as the House GOP conference chair and is a trusted ally of former President Trump, has lodged a complaint with the Justice Department’s Office of Professional Responsibility. In her complaint, Stefanik asserts that Smith is attempting to expedite the federal election subversion case against Trump.
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Stefanik claimed that Jack Smith is clearly attempting to meddle with the 2024 election and prevent the American people from choosing Donald Trump. According to her statement, Smith has consistently worked to expedite the unlawful prosecution of President Trump, with the underlying goal of putting him on trial before the November election.
According to her, Smith argues that the Justice Department’s manual was violated, and as a result, Smith should be censured. She cites a specific section of the manual that states attorneys must not select the timing of any action with the intention of influencing an election.
In her statement, Stefanik expressed her belief that Smith’s actions have tarnished the reputation of both the Department of Justice and the federal government as a whole. She emphasized the need for the Office of Professional Responsibility to take appropriate disciplinary action in response to such misconduct.
The New York Republican highlights Smith’s behavior in court as evidence of political bias, citing her request to the Supreme Court to consider Trump’s immunity claims before they were evaluated by an appeals court.
The Justice Department is unlikely to take any action in response to the complaint. This is because Smith’s case began with an indictment in August 2023, which was 15 months before the presidential election.
Smith’s office chose not to provide a comment in response to Stefanik’s letter.
The Justice Department has an unofficial policy known as the “60-day rule,” which advises prosecutors to refrain from taking any actions that could potentially impact an election within the 60 days leading up to it.
Recently, a prosecutor on Smith’s team, who is involved in handling Trump’s documents case in Florida, emphasized that they interpret the “60-day rule” as applicable to investigative actions or filing a case that may have an impact on an election. This interpretation excludes the continuation of efforts in an ongoing case.
During the case, Jay Bratt, the prosecutor, informed the judge that Smith’s team had sought advice from the department’s Public Integrity Section regarding the specific section of the manual referenced by Stefanik.
Bratt assured the court that the provision in question does not affect cases that have already been charged or are currently being litigated. Furthermore, it does not apply to the process of setting a trial date. “We are fully in compliance,” Bratt stated confidently.
Donald Trump, of course, is the first presidential candidate to challenge the boundaries of this rule by running for office while simultaneously facing an ongoing prosecution.
Stefanik’s complaint echoes similar arguments previously raised by Trump’s own legal team in court, expressing their concern over the overwhelming amount of evidence they need to review for the case.
In addition, she carefully analyzes Smith’s submissions to the Supreme Court. At one instance, Smith advocated for the court to bypass the appeals court and directly consider Trump’s claim of immunity from prosecution as a former president. This uncommon approach, if accepted, would have expedited the resolution of the matter.
“Why should the public care about resolving this case quickly, apart from the upcoming election?” questioned Stefanik.
In addition, Smith faced criticism for submitting a filing in the case even though District Judge Tanya Chutkan had temporarily halted the proceedings. It is important to note that Chutkan’s order did not explicitly forbid new filings, but Trump raised concerns, prompting Chutkan to require Smith’s team to obtain permission before submitting any further documents.
Stefanik’s public display of loyalty to the former president is once again evident in Tuesday’s ethics complaint. As a potential running mate for Trump, she continues to showcase her unwavering support for him.
In November, Stefanik lodged an ethics complaint against Judge Arthur Engoron, the presiding judge in the former president’s civil fraud trial. She accused him of displaying “inappropriate bias and judicial intemperance” and called for his resignation.
In December, Stefanik called for an ethics investigation into U.S. District Judge Beryl Howell. Judge Howell had presided over cases related to Trump and the January 6th rioters.
Stefanik has expressed her willingness to serve as Trump’s running mate. In a January interview with NBC News, she stated, “I would be honored to serve in any capacity in a Trump administration,” in response to a question about whether she would consider being his vice president.
Rebecca Beitsch made a contribution.
The information has been updated as of 9:19 a.m. EDT.
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