U.S. Rep. Jim Jordan (R-OH) recently sent a "not-too-veiled" threat to ex-Special Counsel Jack Smith, and one former federal prosecutor has a message for him: "Not so fast."
Ex-prosecutor Joyce Vance wrote on Substack about Jordan and other Republicans, who are accusing Smith of operating the prosecution of Trump in an inappropriate manner. Specifically, GOP lawmakers have protested against reports that Smith had sought their call information in connection with an investigation into Jan. 6.
"ABC reported today that the House Judiciary Committee wants to have former special counsel Jack Smith testify—behind closed doors—about investigating the Mar-a-Lago, January 6, and Donald Trump. Jim Jordan, the Ohio Republican who chairs the Committee, wants an interview by October 28. He is calling for Smith to turn over documents and communications too," Vance wrote. "Why now? Last week, there was reporting (very unsurprising to anyone who has ever investigated a federal case) that Smith’s probe obtained phone records regarding a number of Republican lawmakers as part of the January 6 case investigation. Jordan wrote to Smith, 'As the Committee continues its oversight, your testimony is necessary to understand the full extent to which the Biden-Harris Justice Department weaponized federal law enforcement.'"
But Vance had a message for Jordan and others: "Not so fast."
"Not so fast, though. Obtaining phone records means getting call information—that can mean which phone number called which other phone number, when, and possibly, how long the call lasted. It’s easy to understand why prosecutors would want that information in virtually any case they’re investigating," according to Vance. "Here, given reports that Trump had numerous calls leading up to and on January 6 (for instance, one with brand new Alabama Senator Tommy Tuberville), it would be surprising if they hadn’t done so."
Vance went on to say that Jordan’s allegation that this is the weaponization of the DOJ "should fall on deaf ears."
"Jack Smith was investigating one of the most serious situations our country has ever faced—an effort to interfere with the smooth transfer of power between two American administrations, with involvement by the outgoing president who had lost the election—using routine investigative techniques," the ex-prosecutor wrote. "Jordan and other Republicans should be able to differentiate between that and wiretaps, since these are statutory creatures and Congress sets the requirements for when they can be used."
She added, "Jordan admonished Smith that he was 'ultimately responsible for the prosecutorial misconduct and constitutional abuses of your office,' a comment that is a not-too-veiled threat in the era of revenge prosecutions."
