Just to make things even more complicated: On Tuesday, Representative Elise Stefanik (R-NY) filed an ethics complaint against Special Counsel Jack Smith, citing attempted efforts to interfere with the 2024 presidential election.
Stefanik, the House GOP conference chair and a close Trump ally, filed the complaint with the Justice Department’s Office of Professional Responsibility, arguing Smith is trying to “rush” Trump’s federal election subversion case.
“It’s obvious to any reasonable observer that Jack Smith is trying to interfere with the 2024 election and stop the American people from electing Donald Trump,” Stefanik said in a statement. “At every turn, he has sought to accelerate his illegal prosecution of President Trump for the clear (if unstated) purpose of trying him before the November election.”
Representative Stefanik's complaint specifically calls out the special counsel's timing of the case, unfolding as it does during the run-up to the general election season.
Smith should be censured for violating the Justice Department’s manual, she argues, citing a section that says attorneys may “never select the timing of any action … for the purpose of affecting any election.”
“Smith’s conduct has brought disrepute to the Department of Justice and the entire federal government, and the … Office of Professional Responsibility should impose the discipline that such conduct warrants,” Stefanik said in her statement.
These aren't the first ethics complaints Rep. Stefanik has filed.
In November, Stefanik filed an ethics complaint against Judge Arthur Engoron, who oversaw the former president’s civil fraud trial, accusing him of “inappropriate bias and judicial intemperance.” She called on him to resign.
Then, in December, Stefanik asked for an ethics investigation into U.S. District Judge Beryl Howell, a federal judge who oversaw cases connected to Trump and Jan. 6 rioters.
See Related: Supreme Court Majority Is Sympathetic to Trump's Immunity Claim With No Trial Likely Before the Election
Representative Stefanik is a Trump ally and has indicated she would be open to being a vice presidential candidate.
This filing comes as former President Trump is pulling ahead in polling. Tuesday morning's roundup at RealClearPolitics (RCP) has Trump leading in all of the critical battleground states, holding a narrow lead over President Biden in a one-to-one matchup, and still leading in a five-way election including third-party and independent candidates Robert F. Kennedy Jr., Cornel West, and Jill Stein.
Meanwhile, the RCP polling average shows President Biden's approval ratings underwater, with almost 17 percent more voters disapproving than approving of his performance as president.
It's unlikely that the Biden-controlled Justice Department will take any action on Representative Stefanik's filing. Even so, the best efforts of the legacy media notwithstanding, the various legal cases don't appear to be harming former President Trump in the polling averages.
Standard disclaimer: It's still a long time until November.
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