Stefanik files ethics complaint against Jack Smith

Rep. Elise Stefanik (RN.Y.) filed an ethics complaint against Special Counsel Jack Smith on Tuesday, accusing the prosecutor overseeing federal investigations into former President Trump of trying to “illegally interfere in the 2024 presidential election.” .

Stefanik, chair of the House GOP conference and a close Trump ally, filed the complaint with the Justice Department’s Office of Professional Responsibility, arguing that Smith is trying to “rush” Trump’s federal election subversion case.

“It is obvious to any reasonable observer that Jack Smith is trying to interfere in the 2024 election and prevent the American people from electing Donald Trump,” Stefanik said in a statement. “At every step, he has sought to accelerate the illegal prosecution of President Trump with the clear (though unstated) purpose of trying him before the November elections.”

Smith should be censured for violating the Justice Department manual, she argues, citing a section that says lawyers “may never select the timing of any action… for the purpose of affecting any election.”

“Smith’s conduct brought discredit to the Department of Justice and the entire federal government, and the DOJ’s Office of Professional Responsibility should impose the discipline that such conduct warrants,” Stefanik said in her statement.

The New York Republican points to Smith’s actions in court to support her claims of political animosity, including asking the Supreme Court to evaluate Trump’s immunity claims before they have been evaluated by an appeals court.

However, the complaint is unlikely to trigger any action by the Justice Department, as Smith’s case began with an indictment in August 2023, about 15 months before the presidential election.

Smith’s office declined to comment on Stefanik’s letter.

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 made it clear they see the “60-day rule” as applying to investigative steps or presenting a case that could influence an election, as opposed to ongoing efforts in an ongoing case.

Jay Bratt, the prosecutor, told the judge in that case that Smith’s team consulted the department’s public integrity section about the section of the manual cited by Stefanik.

“This provision does not apply to cases already charged, which are in litigation. It does not apply to setting a trial date. We are fully compliant,” Bratt told the court.

Trump is obviously the first presidential candidate

Trump is, of course, the first presidential candidate to test the limits of this rule by facing an ongoing lawsuit while running again for office.

Stefanik’s complaint 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 they must analyze in the case.

She also reviews Smith’s Supreme Court records. Smith at one point urged the court to overstep the appeals court in adopting Trump’s argument that he is immune from prosecution as a former president, an unusual step that, if successful, would have expedited the resolution of the matter.

“Other than the upcoming election, what ‘compelling interest’ does the public have in the prompt resolution of this case?” Stefanik wrote.

She also criticized Smith for bringing the case after District Court Judge Tanya Chutkan halted the proceedings. Although the deadlines in the case were suspended, her order did not prohibit new registrations. Still, after complaints from Trump, Chutkan ordered Smith’s team to first seek permission before making any new orders.

Tuesday’s ethics complaint is the latest example of Stefanik, considered a potential Trump running mate, publicly demonstrating her loyalty to the former president.

In November, Stefanik filed an ethics complaint against Judge Arthur Engoron, who oversaw the former president’s civil fraud trial, accusing him of “inappropriate bias and judicial intemperance.” She asked him to resign.

Then in December, Stefanik called for an ethics investigation by U.S. District Judge Beryl Howell, a federal judge who oversaw cases linked to Trump and the Jan. 6 protesters.

Stefanik kept the door open to serving as Trump’s running mate, telling NBC News in a January interview, “I, of course, would be honored to serve in any capacity in the Trump administration,” when asked if she would serve as his vice president. -president. .

–Rebecca Beitsch contributed to this report, which was updated at 9:19 a.m. EDT

This story originally appeared on thehill.com read the full story