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Newly released documents detailing Jack Smith’s 2020 election investigation have exposed a “total lack of restraint” by the Biden-era special counsel, according to constitutional law attorney Jonathan Turley.
“There doesn’t appear to be anyone or anything that was restraining the special counsel in pursuing this,” Turley said Wednesday on “Hannity.”
“Keep in mind. This is a co-equal branch. This is a very intrusive step. It’s a seriously dangerous step when it comes to the balance of powers under our constitutional system. None of that seemed to be any concern at all,” he added.
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Smith’s team requested communications with media companies and senior White House advisors like Stephen Miller and Dan Scavino, POLITICO reported, adding investigators sought fundraising information and financial data for conservatives and conservative groups.
This comes after Smith subpoenaed several GOP lawmakers’ phone records, including Republican Sens. Marsha Blackburn of Tennessee, Josh Hawley of Missouri and Lindsey Graham of South Carolina.
Smith recently defended the decision, calling the move “entirely proper” and consistent with Justice Department policy.
Turley went on to say that the apparent absence of any pushback from former Attorney General Merrick Garland was especially “shocking.”
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“Special counsels do have a degree of independence,” he said.
“But the attorney general is still expected to exercise his own judgment. I’d like to know… was he informed of this? And if so, did he really say nothing? You would expect at least a cautionary word, something like, ‘Maybe you need to dial this down, because this is very intrusive.’”
Senate Judiciary Committee Chair Chuck Grassley, R-Iowa, made 197 subpoenas from Smith’s team public on Wednesday, which asked for information on at least approximately 430 named Republican individuals and entities.
“Sunday Night in America” host Trey Gowdy, who also appeared on “Hannity,” posed the question of what crime Smith was investigating.
“For you to use the powers that prosecutors have, including the grand jury and subpoena power, what crime are you looking into? It can’t be a crime to object to the certification of an election, because Democrats have been doing it since 1960,” he said.
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“Why in the world do you need U.S. senators’ phone records when they are in charge of deciding whether or not to amend the Electoral College Act. They’re in charge of deciding whether or not we’re to accept electors.”
Smith brought four criminal charges against President Donald Trump, alleging he illegally attempted to overturn the results of the 2020 election. He dismissed the charges after Trump won the 2024 election, citing a Justice Department policy that discourages prosecuting sitting presidents.
Some lawmakers’ toll records have been sought in previous investigations, including those of former Democratic Sen. Robert Menendez, Rep. Eric Swalwell, D-Calif., and then-Rep. Adam Schiff, D-Calif.