Republican Rep. Elise Stefanik is calling for an investigation into special counsel Jack Smith, accusing him of violating department standards and ethical duties in the prosecution of former President Donald Trump. The allegations arise from the criminal case against Trump in Washington, where he faces federal charges related to his actions after the 2020 presidential election. Trump has pleaded not guilty to the charges, and the special counsel’s office has declined to comment on Stefanik’s accusations.
Stefanik’s letter to the Justice Department’s Office of Professional Responsibility claims that Smith used federal resources to interfere with the 2024 presidential election by pushing for the trial in Washington to take place before the November election. She alleges that this violates Justice Department policy, which prohibits prosecutors from timing actions for the purpose of affecting elections or giving an advantage to any candidate or party. Prosecutors on Smith’s team have defended the timing of the trial, stating that it would not violate department policy.
The congresswoman also accused Smith of violating a federal district court order by continuing to turn over evidence to Trump and submitting filings in the 2020 election case despite the halt in proceedings. She claims that Smith’s actions violate the D.C. Bar’s rules of professional conduct, which prohibit lawyers from knowingly disobeying obligations under tribunal rules. Stefanik calls for an ethics investigation into Smith’s conduct, alleging partisan attempts to influence the 2024 presidential election.
Trump’s lawyers previously criticized Smith for his filings in the 2020 election case after a U.S. District Judge halted proceedings. They sought to hold the special counsel in contempt for allegedly violating the judge’s order, but the judge rejected their request, stating that her order did not prohibit the actions in question. The case has been paused as Trump pursues arguments for presidential immunity from federal prosecution, with the Supreme Court expected to issue a decision by June.
If the Supreme Court grants Trump immunity for his actions surrounding the 2020 election, the charges in Washington could be dismissed. The justices seemed to lean towards recognizing some level of immunity for a former president’s official acts during arguments, potentially sending the case back for further proceedings to determine the nature of Trump’s actions during the election. The resolution of this issue has significant implications for the ongoing legal battles involving Trump and the impact of his presidency on future prosecutions.
