Conservative critics are raising concerns about former special counsel Jack Smith’s interactions with two federal judges during his investigation into President Trump. This scrutiny intensified after Senator Chuck Grassley (R-Iowa) disclosed documents indicating that Smith’s team had conducted briefings with these judges.
Mike Davis, founder of the Article III Project, claimed that “Democratic DC federal judges secretly worked with Biden special counsel Jack Smith to indict President Trump.” The details of these findings were made public on Tuesday.
Smith’s investigation resulted in criminal charges against Trump regarding the 2020 election and the alleged mishandling of classified documents. Trump has labeled the investigation a “witch hunt,” and Republicans have been vocal in denouncing the charges as an abuse of power aimed at undermining a prominent Republican presidential candidate.
The documents released by Grassley included notes detailing a briefing Smith’s team held with Attorney General Merrick Garland on January 13, 2023. This occurred shortly after Garland appointed Smith as special counsel. The briefing included references to meetings with D.C. Judges Beryl Howell and James Boasberg—both appointees of President Obama and known for issuing significant rulings against Trump.
According to the briefing, Smith’s team noted Howell’s approval of their approach to handling executive privilege cases. They frequently sought court permission to breach executive privilege, a legal principle protecting presidential communications from disclosure.
There was mention of a planned meeting with Boasberg on March 18, 2023, just after Boasberg was set to take over as chief justice from Howell. Senator Ted Cruz emphasized the importance of the judges’ meetings following a Senate hearing he led, where he described Smith’s work as a significant political scandal reminiscent of “modern-day Watergate.”
A Republican investigator indicated that the interactions between Smith’s team and the judges warrant further investigation. In a briefing memo to Garland, Smith expressed that Howell was aware of and supportive of the omnibus executive privilege motion, which aimed to consolidate claims involving various former Trump administration officials.
Additionally, the notes referenced ongoing discussions between Smith’s team and FBI leaders, highlighting the challenges related to executive privilege. It was suggested that this could involve Smith investigating the separation of powers by soliciting potentially privileged information from Trump’s associates.
Julie Kelly, a critic of the Biden Justice Department, commented that the judges’ conduct seemed to point towards collusion with the administration to support Smith’s strategy. Bill Shipley, a former federal prosecutor, remarked that the memo lacked significant revelations but seemed to set the tone for Garland after Smith’s appointment. He pointed out Howell’s history of rulings against the Trump administration, suggesting her support for the omnibus motion aimed to expedite decisions before her tenure as chief justice concluded.
Shipley expressed concern over the implication that Howell was eager to resolve witness privilege issues prior to her departure, though he acknowledged that any rulings would still be appealable.
Smith has consistently defended his actions, stating his commitment to aligning with Justice Department policies. His representatives chose not to comment on the latest documents. Requests for comment from Howell and Boasberg also went unanswered.
