MAGA Counter-Attack – Congress Prepares For Revenge

Representative Matt Gaetz (R-FL) is requesting that the independent watchdog of the Department of Justice (DOJ) look into whether special counsel Jack Smith is letting the 2024 election affect the prosecutor’s schedule for bringing charges against former President Donald Trump.

In a letter to DOJ Inspector General Michael Horowitz dated Wednesday and exclusively acquired by The Daily Wire, Gaetz expresses worries about Smith’s request for the Supreme Court to expedite its review of Trump’s presidential immunity claim in order to allow for a trial. Federal prosecutors “may never select the timing of an action, including steps or criminal charges or statements, for the purpose of affecting any election,” according to a section of the Justice Manual that the congressman brings up.

The congressman claims that the memo is “very explicit” and believes that Smith’s December submission to the Supreme Court “tacitly accepts” that there was a DOJ rule violation since Trump is waging a second campaign this year for the White House. In particular, Gaetz notes that the reply brief frequently calls for a “quick” review of the federal prosecution of presidential candidate Donald J. Trump and highlights the case’s extraordinary “public relevance,” but it never clearly explains why the urgency is necessary or what the public importance is.

“These attorneys have filed in appeals courts several times; if there was a valid reason for this request that had nothing to do with elections, they would have mentioned it. That explanation cannot, for example, be the defendant’s rights under the Constitution or the Speedy Trial Act when charges have been brought and the defendant is adopting a legal stance on timing and filing many appeals, says Gaetz. Therefore, there is only one possible conclusion: Special Counsel Jack Smith believes that a trial should take place before the November 2024 election, but he is unwilling to state this clearly since doing so would be against both departmental policy and the law.

In the federal lawsuit, Trump entered a not guilty plea, denying any wrongdoing in his alleged illegal scheme to rig the 2020 election results. In October, his attorneys submitted a motion to dismiss, claiming that Trump’s activities were “within the center” of his “official responsibilities.” Due to the subsequent disagreement over the immunity claim, the presiding judge postponed the trial’s scheduled start date of March 4.

The U.S. Court of Appeals for the District of Columbia Circuit will first evaluate the immunity matter after the Supreme Court denied Smith’s request to expeditiously review it in December. Following an appeals court panel’s decision to reject the immunity claim, the Supreme Court decided to hear the case last month and set an oral argument date for April 25.

Gaetz stated that Smith’s inquiry is obviously a “partisan exercise” in an interview with The Daily Wire.

Gaetz stated on Wednesday that “the American people know that Attorney General Garland and Special Counsel Smith’s witch hunt against President Trump is a politicized activity. The Special Counsel Smith’s efforts to expedite President Trump’s trial are illegal and against DOJ policy. His office’s Supreme Court filings and his remarks in public show that he has no other motivation for his conduct but to illegally meddle in the 2024 presidential election.”

In addition to the three additional criminal charges, Trump is also dealing with civil lawsuits and another criminal case overseen by Smith about the previous president’s handling of sensitive materials. Trump has vehemently denied any misconduct and claimed that prosecutors are on a political “witch hunt” against him. Trump has asked to have the case involving the papers dismissed, citing presidential immunity.

In the letter, attorney Gaetz argues why it is legally incorrect to proceed with the case during “election season.”

“There is no denying that election season has already begun. But according to Gaetz’s letter, the Justice Manual does not provide precise dates. “The fundamental principle of proscribed behavior is that an official prosecutor’s goal should not be to influence an election. While it may be morally right for the American people to see a speedy resolution of this case—possibly with charges dropped or Trump acquitted before the November 2024 presidential election—exercising Executive Branch authority for this purpose is illegal. Held to a higher level are prosecutors.

Gaetz then begs Horowitz to devote his “immediate attention to compliance of the Office of Special Counsel Jack Smith with Departmental regulations, particularly those related to investigatory and prosecutorial actions during an election season,” following his accusation that the DOJ has disregarded congressional oversight requests.

“Interviewing the Special Counsel and establishing that he has a legitimate interest in pressing his case against Donald Trump and that he did not want to schedule a trial date around the election schedule might be the exact boundaries of an inquiry. Perhaps it might be broader,” the letter ends. “If there are any developments in this situation, please notify my office.”