Rep. Matt Gaetz (R-FL) is calling for the investigation of special counsel Jack Smith over the timeline of his case against former President Donald Trump.
In a letter obtained by The Daily Wire, Gaetz draws DOJ Inspector General Michael Horowitz’s attention to issues in Smith’s efforts to get the Supreme Court to fast-track the consideration of Trump’s presidential immunity claim in order to clear the way for a trial.
Pointing to a section of the Department of Justice Manual which says that federal prosecutors “may never select the timing of any action, including investigative steps, criminal charges, or statements, for the purpose of affecting any election, or for the purpose of giving an advantage or disadvantage to any candidate or political party,” Gaetz says Smith violated DOJ rules in his filing to the Supreme Court in December as Trump is currently running a campaign for the 2024 presidential election.
“Specifically, that reply brief repeatedly urges ‘rapid’ review of the federal prosecution of Presidential Candidate Donald J. Trump, and the incredible ‘public importance’ of the case, without once explicitly stating why the rapidity is warranted, or what the public importance is,” Gaetz wrote.
The lawmaker went further, saying, “Were there a legitimate, non-election related purpose for this request, these attorneys, who have filed in appeals courts many times, would have listed such. Since charges have been filed and the defendant himself is taking a legal position on timing and lodging various appeals, that justification cannot, for example, be the rights of the defendant under the Constitution or Speedy Trial Act. So, there can be only one conclusion: Special Counsel Jack Smith sees it as of paramount importance to hold a trial before the November 2024 election, but he is unable to explicitly say so, as such a justification is in violation of Departmental policy and law.”
Explaining why it is legally inappropriate to carry out the case as the nation gears up for an election, Gaetz wrote, “It is the core of prohibited conduct that a purpose (not the purpose) of any official action of a prosecutor be to affect any election: it may be morally correct that the American people should see swift resolution of this case, perhaps with dropped charges or a Trump acquittal before the November 2024 Presidential election, but wielding Executive Branch authority in the service of this is a violation of law. Prosecutors must be held to a higher standard.”
BREAKING: Today I’m demanding the DOJ Inspector General Horowitz to investigate the election interference against President Donald J. Trump by Special Counsel Jack Smith.
The witch hunt against President Trump by Attorney General Garland and Special Counsel Smith is a partisan… pic.twitter.com/v5Ysg108BE
— Rep. Matt Gaetz (@RepMattGaetz) March 6, 2024
Smith accused Trump of unlawfully plotting to overturn the results of the 2020, a charge the GOP frontrunner has pleaded not guilty to. In trying to dismiss the case last year, Trump attorneys made a presidential immunity claim, arguing that his actions fell “within the heartland” of his “official duties.”
While Trump’s trial was slated to begin on March 4, his presidential immunity claim got the trial postponed until the Supreme Court can rule on it. Smith attempted to get the high court to take up the case quickly and sidestep the U.S. Court of Appeals for the District of Columbia Circuit. However, the Supreme Court rejected the prosecutor’s request.
The high court would only take up the case in February after the appeals court ruled against the immunity claim.
An oral argument on the case is now scheduled for April 25.