Rep. Matt Gaetz (R-Fla.), a prominent supporter of former President Donald Trump, has raised concerns about the legal authority of Special Counsel Jack Smith. Gaetz has written to Attorney General Merrick Garland, requesting clarification regarding Smith’s power to file indictments against Trump. This inquiry follows a federal judge’s ruling that called Smith’s appointment into question.

According to Fox News, Gaetz is questioning whether Jack Smith had the authority to file a superseding indictment against Trump following a judge’s ruling that his appointment as special counsel was unlawful.

In his letter, Gaetz requested "any written authorization" from the Department of Justice (DOJ) that would legitimize Smith's actions, including the superseding indictment filed on August 27, 2024. This indictment, submitted in federal district court in Washington, D.C., is part of the ongoing investigation into Trump's involvement in the January 6, 2021, attack on the U.S. Capitol.

Judge Calls Smith’s Appointment Unlawful

The questions surrounding Smith’s role stem from a July ruling by U.S. District Judge Eileen Cannon. Cannon, who has been overseeing Smith’s case against Trump over the classified documents found at Mar-a-Lago, ruled that Smith's appointment lacked legitimacy. Her decision was based on the fact that Smith had not been confirmed by the Senate before assuming the role of special counsel.

In response to Cannon’s ruling, Smith appeared before the 11th Circuit Court of Appeals on August 28, 2024, to challenge the decision. He defended his appointment by citing historical precedent for Attorneys General making such appointments without Senate confirmation. Smith also pointed to Congress’ past endorsement of special counsels as further support for his role.

Gaetz Seeks Documentation of Smith’s Authority

Gaetz's letter to Garland specifically questioned whether Smith had the legal authority to file the recent August 27 indictment, given Cannon’s earlier ruling. Gaetz pressed for the DOJ to provide records from either the Deputy Attorney General or the Attorney General that would confirm Smith’s legal standing as special counsel. In his letter, Gaetz wrote that it was unclear what authority Smith had to continue his investigation and file briefs in Trump's case.

The August 27 indictment was a key development in Smith's investigation into Trump’s alleged efforts to overturn the 2020 presidential election. However, the ongoing legal debate about Smith's appointment has now cast doubt on the legitimacy of the charges filed against Trump.

Trump’s Allies Defend Against Ongoing Investigations

Gaetz is not alone in his criticism of the special counsel. Other allies of Trump have taken similar steps to push back against Smith’s investigations. Rep. Marjorie Taylor Greene (R-Ga.) has called for defunding Smith's office entirely, while House GOP Conference Chair Elise Stefanik (R-N.Y.) has gone further by filing ethics complaints against judges involved in the former president’s legal cases.

Trump, who has consistently denied any wrongdoing in relation to the multiple cases against him, has leaned on this support from Republican lawmakers to counteract the legal challenges he is facing. The former president’s legal battles include cases related to his handling of classified documents and his alleged role in attempting to overturn the results of the 2020 election.

Smith Defends His Appointment Amid Legal Scrutiny

Despite these efforts to challenge his authority, Jack Smith continues to defend the legitimacy of his role. In his appearance before the 11th Circuit Court of Appeals, Smith argued that both precedent and historical practices are on his side. He pointed to a long tradition of Attorneys General appointing special counsels without needing Senate confirmation.

Smith also highlighted the backing he has received from Congress in support of his continued role. He stated that Congressional endorsements of special counsel appointments further legitimized his actions and reinforced the validity of his ongoing investigations into Trump’s conduct.

Impact on Trump’s 2024 Campaign

With less than two months remaining until Election Day, the legal developments surrounding Trump’s cases are having an uncertain impact on his re-election campaign. While Trump remains a front-runner for the Republican nomination, the multiple indictments and ongoing investigations have created a cloud of legal uncertainty over his candidacy.

Gaetz’s letter to Garland underscores the broader Republican push to question the legitimacy of the investigations into Trump. The lack of response from the Department of Justice so far leaves open questions about whether Smith’s authority will hold up under legal scrutiny as these cases move forward.

As Trump’s legal challenges continue, the political landscape remains in flux. It remains unclear whether the ongoing investigations will affect Trump’s standing among voters or hinder his ability to mount a successful campaign for the presidency in 2024.