Trump Probe: Gaetz Challenges Smith's Authority After Judge Labels Him 'Unlawfully Appointed'

Rep. Matt Gaetz, R-Fla., is raising concerns about the legitimacy of special counsel Jack Smith's ongoing investigation into former President Donald Trump.

Gaetz, a close ally of Trump in Congress, requested any written authorization or documentation from Garland regarding Smith's continued efforts, despite his case against the ex-president being dismissed by a federal judge in July.

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. The next day, 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.

"The authority of Special Counsel Smith to file briefs or provide services to the Department of Justice is unclear."

Florida-based U.S. Judge Eileen Cannon ruled that Smith's appointment as special counsel was unlawful due to his lack of Senate confirmation, making him illegitimate for the role.

Smith's prosecution of Trump over the handling of classified documents found at Mar-a-Lago was being overseen by Cannon, who was appointed by Trump.

Smith submitted a reply to the 11th Circuit Court of Appeals, asserting that Cannon erred in her evaluation of the special counsel's role. He maintained that precedent, history, and a long-standing tradition of special counsel appointments by Attorneys General and Congress's approval of the practice supported his position.

While engaged in a court battle, Smith also submitted a superseding indictment in a separate investigation he is conducting into Trump's alleged involvement in the 2020 election conspiracy. Following a recent Supreme Court ruling, Smith had previously filed an amended indictment in that prosecution, which granted presidents greater immunity privileges.

Smith's legal authority to file either of those motions was questioned by Gaetz.

Garland was questioned by Smith's letter about whether he consulted the deputy attorney general and existing public integrity guidelines prior to filing the superseding indictment.

Did Gaetz request any documents verifying the authorization of the Office of Special Counsel to submit the Aug. 27, 2024, superseding indictment by the Deputy Attorney General's Office or the Attorney General's Office?

Trump maintains his innocence in all the legal proceedings against him.

Elise Stefanik and Gaetz have been key defenders of Trump, with Gaetz expressing skepticism about his legal trials and Stefanik filing ethics complaints against judges overseeing Trump cases in New York.

GOP pressure in the House to defund Smith's office has been led by Rep. Marjorie Taylor Greene, R-Ga., a Trump ally.

The impact of Trump's ongoing criminal and civil legal battles on his re-election campaign remains uncertain, with only two months left until Election Day.

The Department of Justice declined to provide a comment on Gaetz's letter.