House Judiciary Committee Chairman Jim Jordan sent a letter Friday to Attorney General Merrick Garland calling for information, documents and communications between the Department of Justice (DOJ) and Special Counsel Jack Smith’s office referring or relating to the superseding indictment filed against former President Donald Trump.
The Daily Caller first obtained a copy of the letter, in which Jordan references Smith filing a superseding indictment in the Trump election interference case after the Supreme Court ruled that presidents have broad legal immunity for actions done as official duties. Jordan accused Smith of violating” longstanding” DOJ policy that is intended to protect the U.S. democratic processes.
Smith’s new indictment includes the original four charges he brought against Trump in July but leaves out allegations related to Trump’s “attempt to leverage” the DOJ. Language has also been changed pertaining to claims that Trump acted outside his official duties.
“On July 1, 2024, the Supreme Court of the United States issued an opinion in Trump v. United States, explaining the parameters of presidential immunity and rebuking Special Counsel Jack Smith for violating this Constitutional principle in his political prosecution of President Donald J. Trump. On August 27, 2024, Special Counsel Smith obtained a superseding indictment against President Trump in an attempt to fix the constitutional defects inherent in his initial indictment,” Jordan wrote in the letter.
“In doing so, however, Special Counsel Smith appears to have violated longstanding Department policy intended to protect our democratic processes. The Committee must therefore understand whether you approved Special Counsel Smith’s indictment in advance or whether Special Counsel Smith continues to exercise prosecutorial authority without your ‘meaningful direction or supervision,’ he continued.
“Special Counsel Smith obtained the superseding indictment against President Trump just 10 days before early voting begins in some states. There can be little question that the superseding indictment has some effect on the election, especially coming after the Supreme Court’s opinion on presidential immunity cast significant doubt on Special Counsel Smith’s ability to prosecute the initial indictment,” Jordan added. (RELATED: EXCLUSIVE: House Republicans Threaten To Subpoena Jack Smith)
Here Is What Jordan Calls For In The Letter:
- All documents and communications between Main Justice, including but not limited to the Office of the Attorney General, and Special Counsel Smith’s office referring or relating to the superseding indictment filed against President Trump on August 27, 2024.
- Did you personally approve the superseding indictment filed against President Trump on August 27, 2024? If so, please provide documentation sufficient to reflect your approval.
- Did you evaluate the superseding indictment against President Trump in the context of the Department’s longstanding policy counseling against prosecutorial action so near an election? If so, please provide documentation sufficient to reflect your evaluation of these issues. (RELATED: EXCLUSIVE: Gold Star Families Had Trouble Getting Trump Into Arlington Until House Speaker Intervened)
READ THE LETTER HERE:
(DAILY CALLER OBTAINED) — … by Henry Rodgers
Smith’s case against Trump in Washington, D.C. is connected to his conduct surrounding the 2020 presidential election and Jan. 6, 2021 Capitol riot.
District Judge Tanya Chutkan agreed to pause legal proceedings pending Trump’s appeal when she denied Trump’s effort to dismiss the case, where he cited presidential immunity claims.
Trump’s legal team has accused Smith of “unlawfully” attempting to speed up the case and urged the Supreme Court to deny Smith’s “partisan” request to rush judgement on the question of Trump’s presidential immunity.
“In light of the Court’s opinion, Smith’s superseding indictment amounts to the initiation of a prosecutorial action by the Biden-Harris Administration against its opponent in the upcoming election. There is no persuasive argument why Special Counsel Smith could not wait until after the election to file this superseding indictment. It is therefore difficult to believe that the superseding indictment was filed now for any purpose other than to affect the outcome of the election,” Jordan added. (RELATED: EXCLUSIVE: J.D. Vance Rips Special Counsel Jack Smith’s Data Collection Warrant)
Jordan called for all documents and information to be provided to the committee as soon as possible but no later than 5:00 p.m. on Sept. 13.
Smith is also prosecuting Trump in Florida on 40 counts for allegedly mishandling classified documents after his presidency concluded. Trump’s Florida trial was scheduled to begin in May but is now delayed indefinitely.
