House Republicans who are considering calling Special Counsel Jack Smith to testify should “be careful what they ask for,” according to CNN legal analyst Jeffrey Toobin.
On Friday, U.S. District Court Judge Tanya Chutkan granted Smith’s request to postpone a series of deadlines in Trump’s federal election subversion case as he reevaluates the “unprecedented circumstance” he is in, referring to Trump’s election victory.
Also on Friday, House Judiciary Committee Chair Jim Jordan (R-OH) and House Administration Oversight Subcommittee Chair Barry Loudermilk (R-GA) issued a letter signaling their intent to probe Smith’s investigations of Trump.
“With President Trump’s decisive victory this week, we are concerned that the Office of Special Counsel may attempt to purge relevant records, communications, and documents responsive to our numerous requests for information,” the lawmakers wrote.
“This letter serves as a formal request to preserve all existing and future records and materials related to the Office of Special Counsel’s investigations and prosecutions of President Trump,” they added.
But, Toobin warned that going after Smith might backfire on Republicans.
“What does Congress want with him?. There’s an implicit threat there,” Toobin said, according to a clip highlighted by Mediaite. “As long as the rule of law exists in something like its current form, there is no way you can imprison Jack Smith.”
“However, what you could do is call him in to testify,” he continued. “And there I would say to the Republicans, be careful what you ask for, because if Jack Smith has a forum to talk about these cases, I doubt it would go so well for President Trump.”
