Top GOP senators have issued a stern warning to Attorney General Merrick Garland, FBI Director Christopher Wray, and Special Counsel Jack Smith, demanding the preservation of all records related to investigations into former President Donald Trump. The call, outlined in a detailed letter, raises concerns about potential mishandling of federal records and political bias within the Justice Department.
The letter discusses past instances where federal records tied to politically charged investigations were allegedly destroyed or mishandled. Citing examples from the Mueller investigation into Russian interference in the 2016 election, the senators pointed to incidents where members of Special Counsel Robert Mueller’s team reportedly wiped data from government-issued phones. Among the claims, one senior team member is accused of deleting data multiple times, purportedly by entering incorrect passwords. The senators argue these actions raise serious questions about whether the deletions were part of an intentional effort to obscure investigative decisions from congressional and agency oversight.
“The proximity in time to the DOJ Inspector General’s investigation, along with the frequency of data deletions, suggests a troubling pattern,” the letter states. The lawmakers also referenced concerns about record destruction during the FBI’s investigation into former Secretary of State Hillary Clinton’s handling of classified information. According to the senators, the FBI agreed to destroy laptops associated with Clinton’s staff, a decision they argue compromised the integrity of potential evidence.
The letter alleges that Timothy Thibault, a former senior FBI official involved in one of Smith’s cases, displayed anti-Trump bias and violated the Hatch Act, which restricts federal employees from engaging in partisan political activity.
The senators contend that preserving all records related to Smith’s investigations is crucial to ensuring transparency and accountability. “If a politically charged case is to be opened, it must be done the right way and free from political bias,” they wrote.
In addition to their concerns about record preservation, the senators raised questions about possible media leaks from personnel involved in both the Mueller and Smith investigations. They pointed to a Washington Post report detailing an investigation into alleged ties between the Egyptian government and Trump, which was ultimately closed due to lack of evidence. The report, according to the letter, appeared to rely on classified U.S. intelligence and internal Justice Department documents, prompting the senators to demand answers about whether a media leak investigation had been launched.
The letter ends with a stark admonition: “The improper conduct of the past cannot be repeated.”
Smith has asked the 11th U.S. Circuit Court of Appeals to temporarily halt proceedings in the classified documents case involving President-elect Donald Trump. In a filing submitted this week, Smith pointed to the results of the November 5 presidential election, underscoring that Trump is expected to be formally certified as President-elect on January 6, 2025, ahead of his inauguration on January 20.
Smith has requested the court place the appeal on hold until December 2, allowing the Department of Justice time to evaluate the case’s trajectory in light of its policies regarding sitting presidents. The department has a long-established practice of refraining from prosecuting presidents while they are in office.
