Stefanik files ethics complaint against Jack Smith

Rep. Elise Stefanik (R-N.Y.) filed an ethics complaint against special counsel Jack Smith on Tuesday, accusing the prosecutor overseeing the federal investigations into former President Trump of trying to “unlawfully interfere with the 2024 presidential election.”

Stefanik, the House GOP conference chair and a close Trump ally, filed the complaint with the Justice Department’s Office of Professional Responsibility, arguing Smith is trying to “rush” Trump’s federal election subversion case.

“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,” Stefanik said in a statement. “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.”

Smith should be censured for violating the Justice Department’s manual, she argues, citing a section that says attorneys may “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 New York Republican points to Smith’s actions in court to support her claims of political animus, including asking the Supreme Court to weigh Trump’s immunity claims before they had yet been weighed by an appeals court.

The complaint is unlikely to prompt any action from the Justice Department, however, as Smith’s case kicked off with an August 2023 indictment, some 15 months ahead of the presidential election.

Smith’s office declined to comment on Stefanik’s letter.

Though an unwritten policy, the Justice Department encourages prosecutors to follow the “60-day rule” — avoiding any action that might influence an election in the 60 days prior to it.

A prosecutor on Smith’s team handling Trump’s documents case in Florida recently made clear they see the “60-day rule” as applying to investigative steps or filing a case that could influence an election, as opposed to continuing efforts in an ongoing case.

Jay Bratt, the prosecutor, told the judge in that case that Smith’s team had consulted the department’s Public Integrity Section on the portion of the manual cited by Stefanik.

“That provision does not apply to cases that have already been charged, that are being litigated. It doesn’t apply to setting a trial date. We are fully in compliance,” Bratt told the court.

Trump is of course the first presidential candidate to test the limits of that rule by facing an ongoing prosecution while again running for office.

Stefanik’s complaint otherwise echoes a series of arguments already made in court by Trump’s own attorneys, saying they are being overwhelmed by the extent of evidence they must review in the case.

She also picks apart Smith’s filings to the Supreme Court. Smith at one point urged the court to leapfrog the appeals court by taking up Trump’s argument he is immune from prosecution as a former president, an unusual move that if successful would have sped resolution of the issue. 

“Aside from the upcoming election, what ‘compelling interest’ does the public have in the prompt resolution of this case?” Stefanik wrote.

She also criticized Smith for making a filing in the case after District Judge Tanya Chutkan had paused proceedings on it. While the deadlines in the case were lifted, her order did not prohibit new filings. Still, after complaints from Trump, Chutkan ordered Smith’s team to first seek permission before making any new filings.

Tuesday’s ethics complaint is the latest example of Stefanik, who is considered a potential Trump running mate, publicly demonstrating her loyalty to the former president.

In November, Stefanik filed an ethics complaint against Judge Arthur Engoron, who oversaw the former president’s civil fraud trial, accusing him of “inappropriate bias and judicial intemperance.” She called on him to resign.

Then, in December, Stefanik asked for an ethics investigation into U.S. District Judge Beryl Howell, a federal judge who oversaw cases connected to Trump and Jan. 6 rioters.

Stefanik has kept the door open to serving as Trump’s running mate, telling NBC News in a January interview “I, of course, would be honored to serve in any capacity in a Trump administration,” when asked if she would serve as his vice president.

Rebecca Beitsch contributed.

Updated at 9:19 a.m. EDT