Conservative legal group files FOIA request for Jack Smith's communications

By 
 October 23, 2024

Special Counsel Jack Smith has spent the past several years investigating former President Donald Trump's handling of classified documents as well as his actions following the 2020 election.

However, an organization founded by one of Trump's aides is now looking into what it says is Smith's "politically motivated investigation."

Freedom of Information Act request filed for Smith's communications

America First Legal was founded by former Trump White House adviser Stephen Miller, and it recently filed a Freedom of Information Act (FOIA) with the Department of Justice (DOJ).

According to a press release it put out on Tuesday, the group is seeking "all government phone records of individuals working in Special Counsel Smith's Office."

The requested material includes "communications and calendar items" staff have compiled "throughout their investigation of President Trump."

America First Legal pointed out how "[f]ederal law requires the preservation of all records related to the Special Counsel’s investigation and prohibits the disposal or destruction of records that are the subject of a FOIA request, appeal, or lawsuit."

America First Legal: Case is governed by "political considerations"

Gene Hamilton serves as America First Legal's executive director, and he said that "Jack Smith’s unprecedented political witch hunt has shocked the consciences of Americans of all backgrounds.

"No one ever imagined that the United States would see investigations and prosecutions that are legally baseless and meritless, yet in which, seemingly at every corner, key decisions and moves appear to be linked to political considerations," Hamilton declared.

"America First Legal is dedicated to exposing all of the ugly details about this unjust and unprecedented prosecution," the conservative attorney went on to add.

Law professor say Smith has violated DOJ policy

America First Legal's announcement came just weeks after George Washington University Law School professor and Fox News legal analyst Jonathan Turley called out Smith in a blog post.

Turley argued that Smith's "timing" is politically motivated given how "any trial would occur in 2025" and thus "there was no reason to release this filing shortly before an election."

He also pointed to the DOJ's Justice Manual, which states that "[f]ederal prosecutors … may never select the timing of any action, including investigative steps, criminal charges, or statements, for the purpose of affecting any election."

"Smith made it clear that he did not feel bound by that policy, and whether or not that's a binding policy or not, most prosecutors and judges would seek to avoid the appearance of interference," Turley stressed.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson