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May 2, 2024

Unauthorized “Special Counsel” Jack Smith has had his share of headaches lately, as his plan to get at least one quick conviction of Trump --- and maybe even a little jail time --- before the election seems more unlikely with each passing day.  And now, he’s been smacked with an ethics complaint for allegedly doing what he actually is doing: seeking to “unlawfully interfere in the 2024 presidential election.”

As complainant New York Rep. Elise Stefanik posted on X Tuesday, “It’s obvious to any reasonable observer that Jack Smith is trying to interfere in the 2024 election and stop the American people from electing Donald Trump.  At every turn, he has sought to accelerate his illegal prosecution of President Trump for the clear (if unstated) purpose of trying him before the November election.”

“...Smith’s conduct has brought disrepute to the Department of Justice and the entire federal government…”

Here is her entire post, including the full, detailed complaint letter...

Rep. Stefanik filed her complaint with the hilariously named Department of “Justice” Office of Professional Responsibility.  One way Smith has tried to influence the election, she alleges, is to continue filing new material in the case during the district court’s stay on the proceedings.  (The stay is in place while SCOTUS considers the question of presidential immunity from criminal prosecution for actions taken as president.)  Of course, it’s perfectly understandable that Smith would want to proceed with his court filings, because if he wants to get Trump prosecuted BEFORE the election, he’s got to keep things moving!

Presiding Judge Tanya Chutkan really had no choice but to issue the stay --- her own behavior has told us she’d like to see Trump prosecuted in her DC court every bit as much as Smith would --- and even qualified it in January by saying it did not “unambiguously forbid” Smith from filing documents on suspended deadlines.  But the fact that he’s doing everything humanly possible to hurry the case along does speak volumes about his motivation for bringing it.

We’ve noted before that Alvin Bragg twisted the concept of the “gag order” because those are supposed to be to help protect the defendant, not the prosecution. Likewise, Smith has twisted the concept of the right to a “speedy trial” because that, too, is for the defendant’s protection, not to further the prosecution’s wishes.  It’s defendant Trump who wants to slow the proceedings down.  Smith wants Trump on trial NOW.  BEFORE the election. 

Stefanik’s complaint reads in part: “I write today to request an ethics investigation of Biden Justice Department special counsel Jack Smith for abusing the resources of the federal government to unlawfully interfere with the 2024 presidential election.  Jack Smith’s multiple attempts to rush to trial the federal January 6 case against President Trump violated long-standing, explicit Justice Department policy. 

“Further, Jack Smith’s repeated violations of the United States District Court for the District of Columbia’s stay of proceedings are a lawless breach of trial ethics and lawyerly conduct.”

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