On Monday, U.S. Congressman Matt Gaetz (FL-01) sent a letter to U.S. Attorney General Merrick Garland demanding answers on who authorized Special Counsel Jack Smith to continue working as a federal prosecutor in spite of a federal judge ruling he was unlawfully appointed, as well as who signed off on his election-interfering superseding indictment of President Trump.
Last month, Special Counsel Smith filed a superseding indictment against former President Donald Trump and argued before the 11th Circuit Court of Appeals in an attempt to overturn a federal district judge’s finding that he was unlawfully appointed by Attorney General Garland. Pursuant to the Justice Manual, “Any action likely to raise an issue or the perception of [impacting an election] requires consultation with the Public Integrity Section, and such action shall not be taken if the Public Integrity Section advises that further consultation is required with the Deputy Attorney General or Attorney General.” It is currently unclear what authority Special Counsel Smith has to file any briefs or provide services to the Department of Justice.
Full text of Congressman Gaetz’s letter to Attorney General Garland can be found HERE. Additionally, exclusive coverage of the letter by Fox News can be found HERE.
LETTER TEXT
Attorney General Garland:
On August 27, 2024, Special Counsel Jack Smith filed a superseding indictment against former President Donald Trump in federal district court in the District of Columbia. One day later, he was arguing before the 11th Circuit Court of Appeals, attempting to overturn a federal district judge’s finding that he was unlawfully appointed by you. It is unclear what authority Special Counsel Smith has to file either of these briefs or to provide services to the Department of Justice. Therefore, please provide my office with the following information by September 27, 2024:
- any written authorization issued between July 15, 2024, and the present enabling Special Counsel Smith and his office to their continue work; and
- any Department of Justice (DOJ) directives, legal opinions, or regulations relied upon in making such a determination, including documents which relate to DOJ officials working during a lapse in appropriations or authorizations; and
answer the following questions and provide the following information by the same date:
- Did the Office of the Special Counsel consult with the Public Integrity Section pursuant to the Justice Manual 9-85.500 when considering whether or not to file the superseding indictment of August 27, 2024, and if so, on what date?
- Did the Office of the Special Counsel consult with the Deputy Attorney General or Attorney General pursuant to the Justice Manual 9-85.500 when considering whether or not to file the superseding indictment of August 27, 2024, and if so, on what date?
- If the response to question (3) of this letter is anything other than a “yes,” please provide a written explanation for failing to do so; and
- If the response to question (3) of this letter is a “yes” and to question (4) is anything other than a “yes,” please provide the final written assessment of the Public Integrity Section to the Office of the Special Counsel; and
- If the response to both questions (3) and (4) of this letter are “yes,” please provide any records of the Deputy Attorney General’s Office or the Office of the Attorney General authorizing the Office of Special Counsel to file the August 27, 2024, superseding indictment.
Sincerely,
Matt Gaetz
Member of Congress
