Jonathan Turley: Jack Smith Showed ‘Total Lack of Restraint’ in Anti-Trump Election ‘Investigation’

Newly released documents detailing Special Counsel Jack Smith’s 2020 election “investigation” have sparked backlash from constitutional experts and Republican lawmakers.

Critics are accusing Smith of displaying a “total lack of restraint” and overstepping constitutional boundaries in an effort to target President Donald Trump.

Constitutional law attorney Jonathan Turley warns that Smith’s anti-Trump “investigation” has exposed a “total lack of restraint” by the Biden-era special counsel.

During a Wednesday interview on Fox News’s “Hannity,” Turley said:

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“There doesn’t appear to be anyone or anything that was restraining the special counsel in pursuing this.

“Keep in mind. This is a coequal branch.

“This is a very intrusive step,” he added.

“It’s a seriously dangerous step when it comes to the balance of powers under our constitutional system.

“None of that seemed to be any concern at all”

Smith’s team requested communications with media companies and senior White House advisors like Stephen Miller and Dan Scavino, Politico reported.

Investigators sought fundraising information and financial data for conservatives and conservative groups.

This comes after Smith subpoenaed several GOP lawmakers’ phone records.

Those lawmakers include Republican Sens. Marsha Blackburn (R-TN), Josh Hawley (R-MO), and Lindsey Graham (R-SC).

Smith recently defended the decision.

He called the move “entirely proper” and consistent with Justice Department policy.

Professor Turley went on to say that the apparent absence of any pushback from former Attorney General Merrick Garland was especially “shocking.”

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“Special counsels do have a degree of independence,” he said.

“But the attorney general is still expected to exercise his own judgment.

“I’d like to know… was he informed of this?

“And if so, did he really say nothing?

“You would expect at least a cautionary word, something like, ‘Maybe you need to dial this down, because this is very intrusive.’”

Senate Judiciary Committee Chair Chuck Grassley (R-IA) made 197 subpoenas from Smith’s team public on Wednesday.

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The subpoenas requested information on at least approximately 430 named Republican individuals and entities.

Former GOP Congressman Trey Gowdy (R-SC), who also appeared on “Hannity,” posed the question of what crime Smith was investigating.

“For you to use the powers that prosecutors have, including the grand jury and subpoena power, what crime are you looking into?” he said.

“It can’t be a crime to object to the certification of an election, because Democrats have been doing it since 1960.”

“Why in the world do you need U.S. senators’ phone records when they are in charge of deciding whether or not to amend the Electoral College Act.

“They’re in charge of deciding whether or not we’re to accept electors.”

Smith brought four criminal charges against Trump, alleging he illegally attempted to overturn the results of the 2020 election.

He dismissed the charges after Trump won the 2024 election, citing a Justice Department policy that discourages prosecuting sitting presidents.

Some lawmakers’ toll records have been sought in previous investigations, including those of former Democrat Sen. Robert Menendez (D-NJ), Rep. Eric Swalwell (D-CA), and then-Rep. Adam Schiff (D-CA).

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