Jordan demands Smith retain all records related to Trump prosecutions as special counsel’s office winds down

FIRST ON FOX: The House Judiciary Committee is concerned that special counsel Jack Smith and prosecutors involved in the investigations of now President-elect Donald Trump will “purge” records to skirt oversight and is demanding they produce to Congress all documents related to the probes before the end of the month, Fox News Digital has learned. 

House Judiciary Committee Chairman Jim Jordan, R-Ohio, and Rep. Barry Loudermilk, R-Ga., penned a letter to Smith on Friday, obtained by Fox News Digital. 

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“The Committee on the Judiciary is continuing its oversight of the Department of Justice and the Office of Special Counsel. 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,” they wrote. “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.” 

Rep. Jim Jordan (R-OH) walks through the Longworth House Office Building in Washington, D.C., on Oct. 24, 2024. (Anna Rose Layden/Getty Images)

Jordan and Loudermilk warned that the Office of Special Counsel “is not immune from transparency or above accountability for its actions.” 

“We reiterate our requests, which are itemized in the attached appendix and incorporated herein, and ask that you produce the entirety of the requested material as soon as possible but no later than November 22, 2024,” they wrote. 

Special counsel Jack Smith delivers remarks on a recently unsealed indictment including four felony counts against former President Donald Trump at the Justice Department on Aug. 1, 2023 in Washington, D.C. Trump was indicted on four felony counts for his alleged efforts to overturn the 2020 election. (Alex Wong/Getty Images)

Jordan and Loudermilk are demanding Smith turn over information about the use of FBI personnel on his team — a request first made in June 2023 — and whether any of those FBI employees “previously worked on any other matters concerning President Trump.” 

They also renewed their request from August 2023, demanding records relating to Smith and prosecutor Jay Bratt visiting the White House or Executive Office of the President; a request from September 2023 for records related to lawyer Stanley Woodward—who represented Trump aide Walt Nauta; a request from December 2023 for communications between Attorney General Merrick Garland and the special counsel’s team; and more. 

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The Justice Department is looking to wind down two federal criminal cases against President-elect Trump as he prepares to be sworn in for a second term in the White House — a decision that upholds a long-standing policy that prevents Justice Department attorneys from prosecuting a sitting president. 

DOJ officials have cited a memo from the Office of Legal Counsel filed in 2000, which upholds a Watergate-era argument that asserts it is a violation of the separation of powers doctrine for the Justice Department to investigate a sitting president. 

It further notes that such proceedings would “unduly interfere in a direct or formal sense with the conduct of the Presidency.”  

“In light of the effect that an indictment would have on the operations of the executive branch, ‘an impeachment proceeding is the only appropriate way to deal with a President while in office,’” the memo said in conclusion.

Attorney General Merrick Garland speaks during a news conference at the Department of Justice on Tuesday, Sept. 24, 2024 in Washington, D.C. (AP Photo/Mark Schiefelbein)

Smith was leading an investigation into the alleged retention of classified records. Trump pleaded not guilty to the charges stemming from that probe. 

The case was eventually tossed completely by a federal judge in Florida, who ruled that Smith was improperly and unlawfully appointed as special counsel. 

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Smith also took over an investigation into alleged 2020 election interference. Trump also pleaded not guilty, but his attorneys took the fight to the U.S. Supreme Court to argue on the basis of presidential immunity. 

The high court ruled that Trump was immune from prosecution for official presidential acts, forcing Smith to file a new indictment. Trump pleaded not guilty to those new charges as well. Trump attorneys are now seeking to have the election interference charges dropped in Washington, D.C., similarly alleging that Smith was appointed unlawfully.