Gaetz demands DOJ provide all records from special counsel Jack Smith’s office

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Matt Gaetz
Rep. Matt Gaetz, R-Fla., listens during an event he was hosting at the Capitol in Washington, Tuesday, June 13, 2023. (AP Photo/Amanda Andrade-Rhoades) Amanda Andrade-Rhoades/AP

Gaetz demands DOJ provide all records from special counsel Jack Smith’s office

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Rep. Matt Gaetz (R-FL) is demanding access to all records pertaining to the office of special counsel Jack Smith, accusing the Justice Department official of unfairly targeting former President Donald Trump by exerting partisan influence.

In a letter sent to Attorney General Merrick Garland on Wednesday, Gaetz requested the DOJ preserve and produce all records from Smith’s office, calling his work “highly irregular and of extraordinary public concern.” The letter offered a deadline of July 7, although it remains unclear whether Gaetz would pursue punitive measures if the request is not fulfilled.

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“This information is not only of public interest in the abstract but is highly critical to the ongoing oversight work of the federal Congress,” Gaetz wrote. “While there are innumerable valid legislative purposes for this request, it should be obvious that doing due diligence in vetting an office that has apparently done no vetting of its own personnel, or worse, might affirmatively be seeking to staff with sanctioned lawyers and partisan hatchet-men (and women), is an entirely appropriate purpose and one small reason I am requesting this information.”

As part of his letter, Gaetz specifically requested access to all staff rosters and phone lists containing the employees hired by or assigned to Smith’s office that is “within the custody” of the DOJ.

Additionally, Gaetz is seeking all communications within the Office of the Special Council related to “overcoming or piercing any legal claim of privilege” in any of its work. That includes efforts to override claims of executive privilege, attorney-client privilege, work products, or any other privilege that may be used to block access to certain documents or materials.

The Florida Republican also requested any communications between Smith’s office and any state bar association or the 65 Project, a group designed to punish any lawyers who supported former President Donald Trump in his efforts to overturn the results of the 2020 election.

“My office alone fields numerous calls of constituents asking about the Special Counsel, his authorities, and how his office is structured,” Gaetz wrote. “It is beyond debate that this simple staff list cannot be withheld from Congress or the public on the basis of attenuated and entirely fantastic privacy concerns.”

Gaetz cited concerns that Smith would attempt to erase any records related to his investigations into Trump, including one that resulted in the former president’s indictment on 37 federal charges last week. The Florida Republican cited a report of devices used in the separate Mueller investigation that were later wiped of its records, noting he is “deeply concerned” that such conduct would be repeated by Smith’s office.

Gaetz’s request comes just one day after Trump was arraigned by Miami authorities for his mishandling of classified documents that were found in his Mar-a-Lago home after he left the White House.

The indictment accuses Trump of obstructing the FBI investigation into the missing materials by instructing aides to conceal the documents and even going so far as to suggest “that his attorney hide or destroy documents called for by the grand jury subpoena.” The court filing also details instances in which Trump acknowledged the materials contained sensitive information but failed to take the necessary steps to secure the documents.

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Among the charges include 31 counts of willful retention of national defense information, one count of conspiracy to obstruct justice, one count of withholding a document or record, one count of corruptly concealing a document or record, one count of concealing documents in a federal investigation, one count of scheme to conceal, and one count of making false statements and representations.

Trump has denied any wrongdoing and pleaded not guilty during his court appearance on Tuesday.

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