The House Judiciary Committee, led by Chairman Jim Jordan and Rep. Barry Loudermilk, is concerned that Special Counsel Jack Smith and prosecutors involved in investigations of President-elect Donald Trump may attempt to “purge” records to avoid oversight. They have issued a demand for all documents related to the probes to be produced to Congress by the end of the month. The committee is reiterating its requests for information about the use of FBI personnel on Smith’s team, previous White House visits by Smith and prosecutor Jay Bratt, communications with Attorney General Merrick Garland, and more. The committee warns that the Special Counsel’s office is not immune from transparency or accountability for its actions.
The Justice Department is looking to wind down two federal criminal cases against President-elect Trump as he prepares to be sworn in for a second term in the White House. This decision aligns with the long-standing policy that prevents Justice Department attorneys from prosecuting a sitting president. A memo from the Office of Legal Counsel filed in 2000 upholds a Watergate-era argument that investigating a sitting president is a violation of the separation of powers doctrine and would unduly interfere in the conduct of the Presidency. The memo concludes that impeachment proceedings are the only appropriate way to deal with a President while in office.
Special Counsel Jack Smith was leading an investigation into alleged retention of classified records by Trump, who pleaded not guilty to the charges. The case was ultimately dismissed by a federal judge in Florida who ruled that Smith was improperly appointed as special counsel. Smith also headed an investigation into alleged 2020 election interference, with Trump again pleading not guilty. The U.S. Supreme Court ruled that Trump was immune from prosecution for official presidential acts, leading Smith to file a new indictment to which Trump also pleaded not guilty. Trump’s attorneys are now seeking to have the election interference charges dropped, claiming Smith was unlawfully appointed.
The House Judiciary Committee is renewing its demands for documents related to the investigations of President Trump, particularly regarding the possible purging of records by the Office of Special Counsel. The committee has concerns about transparency and accountability within the Special Counsel’s office, and is requesting information about the use of FBI personnel on Smith’s team, visits to the White House, communications with Attorney General Garland, and more. The committee is urging Smith to produce all requested material by November 22.
The Justice Department is following longstanding policy by looking to wind down federal criminal cases against President-elect Trump as he prepares to begin a second term in the White House. The department is citing a memo from the Office of Legal Counsel filed in 2000, which argues that investigating a sitting president is a violation of the separation of powers doctrine. This memo concludes that impeachment proceedings are the appropriate way to address issues involving a sitting president. Preventing interference in the operations of the executive branch is a key consideration in this decision.
Special Counsel Jack Smith was involved in investigations into alleged retention of classified records and 2020 election interference by President Trump. Despite Trump pleading not guilty to the charges, the cases faced legal obstacles due to questions about Smith’s appointment and presidential immunity. The Justice Department and the House Judiciary Committee are both monitoring these cases closely, with concerns about transparency, accountability, and adherence to legal procedures. The outcome of these investigations and cases will have significant implications for the future oversight of presidential conduct and the handling of criminal charges against sitting presidents.