House GOP Conference Chair Elise Stefanik, a Republican from New York, has filed an ethics complaint against special counsel Jack Smith for allegedly violating Department of Justice standards and attempting to influence the 2024 presidential election against former President Donald Trump. Stefanik has sent a letter to the DOJ’s Office of Professional Responsibility, urging them to investigate Smith’s actions in rushing to trial the federal January 6th case against Trump and violating the United States District Court’s stay of proceedings. She believes that Smith’s actions have brought disrepute to the Justice Department and the federal government and that he should face appropriate discipline.
Smith’s case against Trump stems from accusations that he tried to overturn the 2020 election and was set to go to trial in March but has been delayed as the Supreme Court considers Trump’s claim of immunity from prosecution for actions taken while in office. Stefanik’s complaint accuses Smith of attempting to influence the election in August 2023 by pushing for an early trial date. She argues that the complexity of the case, with millions of pages of discovery and countless hours of footage, should not have been rushed to trial within five months. She also cites comments made by Smith in court about no one being above the law as further reason to investigate his conduct.
Stefanik’s complaint against Smith also references his multiple petitions to the Supreme Court to reject Trump’s immunity claims and delay his trial. She argues that Smith’s attempts to expedite the trial and his violation of District Court orders demonstrate his partisan attempt to influence the results of the 2024 presidential election. The Supreme Court, which has a conservative majority, heard arguments in Trump’s immunity case last week, with a final decision expected in June. The likelihood of a trial before the presidential election appears to be slim, given the timeline of the court’s decision.
Stefanik’s complaint highlights what she believes to be a breach of DOJ policy and lawyerly conduct by Smith in his handling of the case against Trump. She accuses him of using the resources of the federal government unlawfully to interfere with the election and urges the government watchdog to investigate his actions. She believes that Smith’s actions have discredited the Justice Department and the federal government as a whole and that he should face the appropriate consequences for his behavior.
The DOJ has not yet commented on Stefanik’s ethics complaint against Smith. The case against Trump, concerning allegations of trying to overturn the 2020 election, has been the subject of much controversy and legal wrangling. With the Supreme Court’s conservative majority hearing arguments in Trump’s immunity case and a final decision expected in June, the prospect of a trial before the presidential election remains uncertain. Stefanik’s complaint against Smith for his handling of the case adds to the ongoing debate surrounding the former president’s legal troubles and the influence of politics on the judicial process.
