Emerald Coast Times

On September 9, 2024, U.S. Congressman Matt Gaetz (FL-01) sent a letter to U.S. Attorney General Merrick Garland demanding clarity on who authorized Special Counsel Jack Smith to continue his role as a federal prosecutor. This follows a federal judge's ruling that Smith was unlawfully appointed and raises questions about the legality of his actions, including filing a superseding indictment against former President Donald Trump.

Last month, Special Counsel Smith filed the superseding indictment and argued before the 11th Circuit Court of Appeals in an attempt to overturn the district judge’s decision. According to the Justice Manual, any action likely to impact an election requires consultation with the Public Integrity Section and potentially further consultation with higher DOJ officials. The authority under which Smith continues to operate remains unclear.

The full text of Congressman Gaetz’s letter is available online, along with exclusive coverage by Fox News.

In his letter dated August 27, 2024, Gaetz outlines several specific requests for information:

1. Any written authorization issued between July 15, 2024, and the present enabling Special Counsel Smith and his office to continue their work.

2. Any DOJ directives, legal opinions, or regulations relied upon in making such determinations.

3. Details on whether the Office of the Special Counsel consulted with the Public Integrity Section pursuant to Justice Manual guidelines when considering filing the superseding indictment.

4. Information on consultations with either the Deputy Attorney General or Attorney General regarding this matter.

5. Explanations for any deviations from required consultations as per Justice Manual guidelines.

6. Records from relevant DOJ offices authorizing Smith’s actions if all procedural steps were followed.

Gaetz has requested that this information be provided by September 27, 2024.

Sincerely,

Matt Gaetz

Member of Congress

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