Published on March 7, 2024, 12:31 am

Rep. Matt Gaetz (R-FL) is appealing to the Department of Justice’s (DOJ) independent watchdog to scrutinize special counsel Jack Smith, and whether the impending 2024 election is affecting the timeline of his case involving ex-President Donald Trump.

Gaetz addressed a letter to DOJ’s Inspector General Michael Horowitz on Wednesday expressing concerns over Smith’s inducement to the Supreme Court to expedite consideration of Trump’s presidential immunity claim facilitating an imminent trial. The Congressman underscored a provision in the Justice Manual stipulating that federal prosecutors should avoid selecting actions’ timing intending to influence any election or favor/disadvantage any candidate or political party.

According to Gaetz, Smith’s filing with Supreme Court last December implicitly concedes a violation of DOJ regulations as Trump is kicking off another campaign for the White House this year. He mentioned an advocacy in the reply brief for ‘rapid’ review of ex-President Trump’s federal prosecution inability to explicitly state why such haste was necessary and what constituted its public significance hints at one conclusion: there lies an attempt by Special Counsel Jack Smith, unmentioned due to conflict with departmental policy and law, to have a trial before November 2024 elections.

Trump has denied guilt in a federal case accusing him of planning illicitly to overturn the 2020 election results. His legal team pled for dismissal based on their argument claiming his actions were part of “official duties.” Consequent battles resulted in thwarting plans for a March 4 commencement for trials initiated by presiding judges.

In December, the Supreme Court dismissed Smith’s prompt request for immunity issue taking up forcing it into initial consideration by U.S. Appeals Court-District of Columbia Circuit. After circuit board panel ruled against immunity claim, Supreme court agreed last month on taking up this matter scheduling oral argument dates for April 25th.

Speaking with Daily Wire on Wednesday, Gaetz alleged Attorney General Garland and Special Counsel Smith’s investigation of Trump as a partisan effort. He claimed Smith’s actions violate the DOJ’s law to catalyze the trial against Trump; citing public remarks and their office-supreme court briefs as evidence; insinuating interference in the 2024 presidential election.

Amid this, Trump also faces three additional criminal cases and civil litigation—broadly refuting any misconduct allegations and declaring all charges politically-driven ‘witch hunt’. The former president violently disputes charges over his mishandling of confidential documents, applying for dismissal asserting presidential immunity.

Gaetz as a practicing attorney outlined reasons within his written communique why it could be illegal to carry out proceedings during “election season.” Gaetz further condemned the DOJ for failing to adhere to oversight requests from Congress and beseeched Horowitz to initiate an immediate inquiry into Special Counsel Jack Smith’s compliance with Departmental rules concerning investigative and prosecutorial activities during an election season.

Moving forward, Gaetz requests Horowitz’s prompt consideration of the necessity of a thorough investigation, evaluating everything from interviewing Special Counsel Smith for lawful intent behind expediting case against Trump to determining whether there was ever a plan on influencing the election calendar.