House Republicans and Texas Attorney General Ken Paxton have ramped up scrutiny of special counsel Jack Smith’s investigations into President-elect Donald Trump, following Trump’s recent election victory.

Representatives Jim Jordan (R-OH) and Barry Loudermilk (R-GA) on Friday issued a letter to Smith requesting all records and communications between the Department of Justice (DOJ) and the White House concerning cases against Trump while Paxton filed a Freedom of Information Act (FOIA) request for similar information.

Jack Smith should preserve all records.

w/@RepLoudermilk pic.twitter.com/OOMS8uKS9q

— Rep. Jim Jordan (@Jim_Jordan) November 8, 2024

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In their letter, Jordan, chair of the House Judiciary Committee, and Loudermilk, who leads Republican inquiries into the January 6 Capitol riot, emphasized the need for transparency and warned Smith’s office against any possible deletion of records. “The Office of Special Counsel is not immune from transparency or above accountability for its actions,” the lawmakers wrote.

They further instructed Smith to “take all reasonable steps to prevent the destruction or alteration, whether intentionally or negligently, of all documents, communications, and other information” relevant to the ongoing congressional inquiry.

The letter, described as a “preservation notice,” underscores the GOP’s intent to examine Smith’s actions closely if they maintain their majority in the House, which remains likely pending final results in several undecided races.

This effort aligns with statements from Trump and his supporters, who have been vocal in their criticism of Smith.

Which is why preservations of records is critical for oversight. Thank you @Jim_Jordan @RepJamesComer https://t.co/ur3xRGILli

— Chip Roy (@chiproytx) November 8, 2024

Over the past year, Trump has publicly criticized the special counsel, calling him a “Trump-hating THUG,” “sick puppy,” and “criminal,” while suggesting he would fire Smith “in two seconds” and even called for his arrest.

Trump’s criticism intensified following his indictment in two cases led by Smith: one concerning classified documents and another related to his attempts to contest the 2020 election results.

Meanwhile, Attorney General Paxton’s FOIA request seeks records of communications between Smith’s team and New York State and Fulton County, Georgia, government offices, dating back to November 18, 2022.

 

Paxton’s request aims to determine whether Smith’s office coordinated with local officials in other jurisdictions pursuing cases against Trump, including those led by Manhattan District Attorney Alvin Bragg and Fulton County District Attorney Fani Willis.

Paxton referenced past cases where records were allegedly destroyed, writing on X, “Past Special Counsels, including—notoriously—Robert Mueller, destroyed records at the end of their investigations to avoid accountability.

It is not clear why nobody was prosecuted for doing so.” Paxton emphasized that this request is part of broader efforts to prevent what he describes as partisan use of the justice system. “This pattern of weaponizing the justice system for partisan retribution must end,” he added.

The DOJ signaled plans to conclude its cases against Trump, citing a policy that discourages prosecuting a sitting president, which it argues could disrupt the balance of powers.

This decision has not quelled concerns among Republicans, many of whom see Smith’s probes as politically motivated.

They have argued that the investigations into Trump over the past year were attempts to discredit him as he sought reelection.

The letter from Jordan and Loudermilk, coupled with Paxton’s FOIA request, is part of an effort to hold Smith’s office accountable.

With Jordan and Loudermilk having authority to issue subpoenas if they retain control of the House, which they currently have a 92.9% chance of doing according to Decision Desk HQ, would be able to request further documents and possibly seek testimony from Smith. These moves, they say, are aimed at ensuring transparency around federal actions in the Trump cases.

The cases against Trump were initiated under Attorney General Merrick Garland, who appointed Smith to investigate Trump’s handling of classified documents and his alleged interference in the 2020 election.

This increased scrutiny from GOP leaders and officials in Texas underscores the continuing tensions between Trump’s supporters and the DOJ’s handling of politically charged investigations.