Senate Republicans cite past 'improper conduct' in letter warning FBI and AG to preserve Jack Smith's records on Trump investigations

 November 15, 2024

Senate Republicans warned the Department of Justice in a letter to preserve special counsel Jack Smith's records pertaining to the prosecution of President-elect Donald Trump, Fox News reported. They cited "improper conduct of the past" as the impetus for the letter.

Smith was behind federal investigations against Trump, including the classified documents case that was tossed out. Others are expected to become irrelevant with Trump's win, including Smith's 2020 election interference cases.

Now, lawmakers are about to turn the tables and investigate Smith, and they are taking no chances. In a letter to Attorney General Merrick Garland, FBI Director Christopher Wray, and Smith, Republican senators warned them to keep their records.

Sens. Ron Johnson (R-WI) and Chuck Grassley (R-IA) drew on their experience in 2020 when personnel involved in then-Special Counsel Robert Mueller's investigation "wiped" their devices. "The improper conduct of the past cannot be repeated in this matter; therefore, all records must be preserved so that Congress can perform an objective and independent review."

House Investigation

According to an earlier Fox News report, the House Judiciary Committee Chairman Jim Jordan (R-OH) and Rep. Barry Loudermilk (R-GA) sent a similar missive to Smith on Nov. 8. "The Committee on the Judiciary is continuing its oversight of the Department of Justice and the Office of Special Counsel," the lawmakers wrote.

"According to recent public reports, prosecutors in your office have been ‘gaming out legal options’ in the event that President Donald Trump won the election. With President Trump’s decisive victory this week, we are concerned that the Office of Special Counsel may attempt to purge relevant records, communications, and documents responsive to our numerous requests for information," the letter said.

Jordan and Loudermilk first submitted their request for records in June 2023 pertaining to Smith's use of the FBI in his investigation against Trump. They demanded to know if the feds assigned had "previously worked on any other matters concerning President Trump."

They continued their pursuit in August and September of that year, adding the names of other officials along the way. Now, they're reminding Smith that he's "not immune from transparency or above accountability for its actions" and will have until Nov. 22, 2024 to comply.

Past Mistakes

It seems lawmakers are intent on ensuring that there is no repeat of past "mistakes" that hindered a probe into Mueller's investigation. He was in charge of investigating supposed Russian collusion with Trump during the 2016 election, a claim which has been proven false.

Somehow, when it came time to scrutinize the investigation, it turned out that Mueller's assistant, Andrew Weissman, had "accidentally wiped" his phone in March 2018 after trying to enter his password too many times. James Quarles, an attorney on the team, said his phone "wiped itself" mysteriously as well.

Most tellingly, former FBI attorney Lisa Page's phone also somehow underwent a factory reset by the time the Inspector General's office got ahold of it. The phone was the same one she used to text then-FBI agent Peter Strzok, who was working on the investigation.

Leaked text messages between the pair revealed they shared a mutual hatred for Trump even as their agency was investigating him. NBC News reported that they called Trump an "idiot" and a "loathsome human." Both expressed that Trump winning in 2016 would be "terrifying."

Smith's charges are becoming irrelevant following favorable decisions for Trump and his recent electoral win. However, Congress must remain vigilant about looking into the people and investigations that seemed to be aimed solely at taking Trump down.

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