Trump-appointed judge rejects lawsuit targeting special counsel Jack Smith

Source: Washington Post

November 26, 2024 at 3:50 p.m. EST


A Trump-appointed federal judge in Texas has rejected the state’s long-shot attempt to temporarily block special counsel Jack Smith from destroying records related to his investigation into President-elect Donald Trump, calling the state’s argument “unserious.” Texas Attorney General Ken Paxton (R) had asked U.S. District Judge Matthew J. Kacsmaryk to order Smith to preserve the records, including any communications Smith’s office had with a “range of outside parties” and information regarding the cellphones assigned to Smith’s team, among other items, according to the complaint.

Such requests can be a routine first step in congressional inquiries, law enforcement investigations and litigation. Three days after Trump was elected president, House Judiciary Chairman Jim Jordan (R-Ohio) and Rep. Barry Loudermilk (R-Georgia) asked Smith’s office to preserve all records of his classified documents and election interference probes, an early sign that they were planning to investigate his work.

But Paxton does not have any clear jurisdiction to launch such an investigation. He said in his lawsuit that he had requested the records under the Freedom of Information Act and that he was concerned Smith has destroyed, is destroying or plans to destroy the records. As proof, Paxton cited “widely shared photos” showing a paper-shredding truck parked outside Justice Department headquarters in Washington.

Kacsmaryk dismissed Paxton’s claim on Monday, noting that the truck could have been there for a variety of reasons. “This claim is unserious,” Kacsmaryk wrote in the four-page order. “Defendants could shred paper for many legitimate reasons, and Plaintiffs have proffered nothing to suggest more nefarious intentions.” Paxton’s office did not respond to requests for comment Tuesday morning.

Read more: https://www.washingtonpost.com/national-security/2024/11/26/jack-smith-paxton-texas-kacsmaryk-trump-records/