On Tuesday, Representative Elise Stefanik (R-N.Y.) reportedly lodged an ethics complaint against special counsel Jack Smith, alleging that the prosecutor, who is in charge of the federal investigations against former President Trump, is attempting to unlawfully disrupt the 2024 presidential election.
Stefanik, the House GOP conference chair and a staunch Trump supporter, lodged a complaint with the Justice Department’s Office of Professional Responsibility, alleging that Smith is attempting to expedite Trump’s case of undermining the federal election.
The New York Republican cites Smith’s conduct in court as evidence of political bias, such as requesting the Supreme Court to consider Trump’s immunity claims before they were reviewed by an appeals court.
However, it is unlikely that the complaint would result in any action from the Justice Department.
This is because Smith’s case began with an indictment in August 2023, which was 15 months before the presidential election.
The Smith’s office refrained from providing a remark in response to Stefanik’s letter.
Although not officially documented, the Justice Department promotes the adherence to the “60-day rule,” which advises prosecutors to refrain from taking any actions that could potentially impact an election within the 60 days leading up to it.
A member of Smith’s prosecution team, who is responsible for managing Trump’s documents case in Florida, recently clarified that they see the “60-day rule” as applicable to investigative actions or the initiation of a case that could have an impact on an election, rather than the continuation of efforts in an existing investigation.
Jay Bratt, the prosecutor, informed the judge in that particular case that Smith’s team had sought advice from the department’s Public Integrity Section regarding the specific part of the handbook mentioned by Stefanik.
Trump is the first presidential candidate to challenge the boundaries of the regulation by confronting a continuing legal action while seeking re-election.
Stefanik’s complaint mirrors the reasons already presented in court by Trump’s attorneys, who claim to be inundated with the vast amount of information they need to examine in the case.
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