Rep. Elise Stefanik, a New York Republican and high-ranking House GOP member, has lodged an ethics complaint against Special Counsel Jack Smith. Stefanik, a staunch ally of former President Donald Trump, alleges that Smith is unlawfully attempting to influence the 2024 presidential election through his actions in the federal investigations of Trump.
In a statement, Stefanik accused Smith of attempting to “rush” the federal election subversion case involving Trump, contending that “It’s obvious to any reasonable observer that Jack Smith is trying to interfere with 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.”
Stefanik’s complaint, filed with the Justice Department’s Office of Professional Responsibility, argues that Smith has violated DOJ policies that prohibit attorneys from timing actions to affect any election. She cited a DOJ manual section that attorneys should “never select the timing of any action… for the purpose of affecting any election.” “Smith’s conduct has brought disrepute to the Department of Justice and the entire federal government, and the … Office of Professional Responsibility should impose the discipline that such conduct warrants,” Stefanik said in her statement.
The complaint details instances where Stefanik believes Smith displayed political bias, such as his request for the Supreme Court to consider Trump’s immunity claims before they had been deliberated by an appeals court. This move, which was ultimately unsuccessful, was seen by Stefanik as an attempt to bypass the normal judicial process and hasten the resolution of the case.
A prosecutor on Smith’s team has argued that their interpretation of the “60-day rule,” which discourages prosecutorial actions that might influence an election within 60 days of it, applies only to new investigative steps or the filing of a case, not to ongoing litigation efforts.
Smith’s office declined to comment on Stefanik’s complaint, but it is worth noting that his case against Trump began with an indictment in August 2023, well ahead of the presidential election timeline.
This is not the first time Stefanik has filed ethics complaints against figures she perceives as adversaries to Trump. Previously, she targeted judges who oversaw cases connected to Trump, including Judge Arthur Engoron of the former president’s civil fraud trial and U.S. District Judge Beryl Howell, who was involved with cases linked to Trump and the January 6 rioters.
Relevant articles:
– Stefanik files ethics complaint against Jack Smith, The Hill, 05/01/2024
– Rep. Elise Stefanik files complaint against Jack Smith over Trump investigations, UPI News, 04/30/2024
– Jack Smith Stung By Ethics Complaint, Newsweek, 04/30/2024
– Stefanik files ethics complaint against special counsel in probe of Trump’s Jan. 6 actions, WNYT NewsChannel 13, 04/30/2024
– Elise Stefanik v. Jack Smith, The New York Sun, 04/30/2024