Former special counsel Jack Smith's investigation of Donald Trump's effort to overturn the 2020 presidential election could be a thorn in the president-elect's side even after the former winded down his efforts and resigned following the Republican's victory in the 2024 election.
On Monday, Arizona Attorney General Kris Mayes requested the Department of Justice for Smith's full case file, seeking to use the information in her own ongoing prosecution of Trump allies for their efforts to overturn the results of the 2020 election in Georgia.
Mayes said that she recently sought to access the files, but Smith was not "ready or able to share any materials." "Today, your office does not have an active case and is preparing to release Special Counsel's report in the Election Case. Given these changed circumstances, I am revisiting my office's earlier request," Hayes said in her letter.
Mayes recalled that her office has "one of the only remaining cases that includes charges against national actors" and that the attorney general has "held steadfast to prosecuting the grand jury's indictment because those who tried to subvert democracy in 2020 must be held accountable."
"Undoubtedly, disclosing Special Counsel's file to my office will help ensure that those who should be held accountable are. But I am also Arizona's chief law enforcement officer and a minister of justice. I must be sure the rights of the defendants are protected as well, and I would welcome any exculpatory material that the Special Counsel possesses," she added.
Mayes has anticipated that, unlike other officials who winded down their cases after Trump won the election, she has no intention to follow that path. Defendants in the case include former Trump lawyers Rudy Giuliani and Christina Bobb, former Trump chief of staff Mark Meadows and senior officials of the Arizona Republican party.
18 people were indicted last April in a "fake electors" scheme that sought to declare Trump the winner instead of Joe Biden, who actually won the state. Most of them pleaded not guilty. There is already a conviction in the case after Loraine Pellegrino, the former president of a Republican women's group, pleaded guilty to a misdemeanor charge of filing a false document. Moreover, former Trump lawyer Jenna Ellis reached a plea deal with prosecutors and worked with law enforcement in exchange for the dismissal of the charges.
Smith, in contrast, winded down his two investigations of Trump and resigned on Saturday, less than 10 days before he takes office as the 47th president. He decided to give up the two cases he was building against Trump (the attempt to subvert the election and his handling of classified documents following his departure from office) after he won the presidential election in November. He effectively did so on November 25.
Smith's prosecution team wrote that the move was based on a longstanding Justice Department policy against prosecuting sitting presidents. "That prohibition is categorical and does not turn on the gravity of the crimes charged, the strength of the Government's proof, or the merits of the prosecution, which the Government stands fully behind," the filing said. If Garland decides to release at least part of the report, it will be aimed at public consumption rather than a jury's.
Originally published on Latin Times
