First appearance on FOXRep. Matt Gaetz (R-Fla.) has sent a letter to Attorney General Merrick Garland questioning the legitimacy of Special Counsel Jack Smith's ongoing investigation into former President Donald Trump.
Gaetz, one of Trump's closest aides in Congress, asked Garland for “written authorization” and other documentation for Smith's continued work despite a federal judge's dismissal of the lawsuit against Trump in July.
“On August 27, 2024, Special Counsel Jack Smith filed an indictment against former President Donald Trump in the United States District Court for the District of Columbia. The following day, Special Counsel Smith argued before the United States Court of Appeals for the Eleventh Circuit, seeking to overturn a federal district judge's ruling that Special Counsel Smith was unlawfully appointed,” Gaetz wrote in the brief letter.
“It is unclear what authority Special Counsel Smith has to submit these reports or provide these services to the Department of Justice.”
Trump slams Harris on immigration, China and more in exclusive interview with Life Liberty & Levin
Rep. Matt Gaetz (R) is questioning the legitimacy of Special Counsel Jack Smith's recent legal actions after the ruling that he was improperly appointed. (Getty Images)
Federal Judge Eileen Cannon of Florida said Smith's appointment as special counsel was illegal because he was not confirmed by the Senate.
Cannon, who was appointed by Trump, oversaw Smith's prosecution of the former president over his handling of classified documents discovered at Mar-a-Lago.
Smith filed a rebuttal with the 11th Circuit Court of Appeals, arguing that Cannon was wrong in his assessment of the special counsel's role, that “precedent and history” were on Cannon's side, as was the “long tradition of the Attorney General's appointment of special counsels and Congress' approval of that practice.”
Trump faces second indictment in election interference case brought by special counsel Jack Smith
Former President Donald Trump's congressional allies have publicly opposed prosecuting him. (Scott Olson/Getty Images)
Amid the legal battle, Smith also filed an indictment in a separate investigation into the former president looking into whether he conspired to overturn the 2020 presidential election. Smith filed an amended indictment in that case following a recent Supreme Court ruling that gave the president broader immunity from criminal prosecution.
But Gaetz questioned whether Smith had legal grounds to file any of those claims.
The letter asked whether Garland consulted the assistant attorney general or existing public integrity guidelines before Smith filed the indictment.
If so, Gaetz asked for “the record showing the Office of the Deputy Attorney General or the Office of the Attorney General authorizing the Office of Special Counsel to file the indictment dated August 27, 2024.”
Trump has so far denied any wrongdoing in any of the charges against him.
Allies in Congress like Ms. Gaetz have been key advocates. Mr. Gaetz has expressed skepticism about trying Mr. Trump in court, and House Republican Conference Chairwoman Elise Stefanik of New York has filed a series of ethics complaints against the judges over Mr. Trump's cases in New York.
Trump plans to plead not guilty to amended federal election interference charge against Jack Smith
Republican Rep. Marjorie Taylor Greene of Georgia, another Trump ally, has been leading the Republican push in the House to defund Smith's office.
Click here to get the FOX News app
With less than two months to go until Election Day, it's not yet entirely clear how Trump's criminal and civil lawsuits will affect his reelection effort.
The Justice Department did not immediately respond to a request for comment on Gaetz's letter.
