Grassley: Trump special counsel Jack Smith's prosecutions show 'biased view' against GOP

U.S. Sen. Chuck Grassley on Wednesday questioned the impartiality of the special counsel who brought an indictment against former President Donald Trump over Trump's handling of classified documents, echoing a line of attack used by Trump.

Jack Smith was appointed special counsel in November and is overseeing two investigations into Trump, a Republican. One of those investigations is over Trump's handling of classified documents after leaving office, and the other is into whether Trump attempted to overturn the 2020 election.

Last week, Trump was indicted on 37 counts related to allegedly withholding and concealing classified documents after he left office, and obstructing justice.

Trump has attacked Smith repeatedly. In social media posts and public remarks Tuesday, Trump called Smith "deranged" and "a thug."

Grassley, a Republican, also criticized Smith when taking questions from reporters on a call Wednesday afternoon.

"If you go to the other involvements of this Mr. Smith, it demonstrates a pretty biased view of his prosecutions," Grassley said.

Grassley's staff provided a letter Grassley wrote to Attorney General Merrick Garland in December following Smith's appointment. The letter raised concerns about two of Smith's subordinates who were involved in an election-related investigation into Trump, and about Smith's role in investigating conservative nonprofits during the Obama administration.

More: Trump is facing his biggest legal threat yet. Will Iowans stand by him in the caucus race?

Garland defended Smith's work Wednesday.

“He has assembled a group of experienced and talented prosecutors and agents who share his commitment to integrity and the rule of law," Garland said before meeting with U.S. attorneys.

“As I said when I appointed Mr. Smith, I did so because it underscores the Justice Department’s commitment to both independence and accountability," Garland added.

Who else has Special Counsel Jack Smith prosecuted?

Smith is a longtime federal prosecutor. He oversaw the Department of Justice's public integrity unit, which investigates public corruption cases against politicians and other cases affecting government integrity, from 2010 to 2015.

In that role, he oversaw the prosecutions of former Virginia Gov. Robert McDonnell, a Republican, securing a conviction that was overturned by the U.S. Supreme Court, and former U.S. Rep. Rick Renzi, a Republican from Arizona, who was later pardoned by Trump.

Smith also prosecuted Democratic U.S. Sen. Robert Menendez, whose trial ended with a hung jury. And he oversaw the unsuccessful prosecution of Democratic presidential and vice presidential candidate John Edwards.

Later, Smith went abroad to work at the International Criminal Court at the Hague in the Netherlands, where he investigated and prosecuted war crimes.

"We have one set of laws in this country and they apply to everyone," Smith said when announcing the indictment of Trump. "Applying those laws, collecting facts, that's what determines the outcome of an investigation. Nothing more, nothing less."

What crimes is Donald Trump accused of?

Trump pleaded not guilty Tuesday in federal court after being charged with 37 counts related to his handling of classified documents after he left office.

The indictment alleges Trump willfully withheld a number of classified documents after he left office, including information about U.S. military capabilities, attack plans and information about U.S nuclear programs. Several of the documents were classified as "top secret."

The indictment says Trump showed some of the documents to reporters and political operatives at his Bedminster Club in New Jersey. Later, it alleges Trump directed an aide to move the classified documents after he received a subpoena seeking to recover them and that he returned only some of the classified material. FBI officials later executed a search warrant at Trump's Mar-a-Lago club and recovered more classified documents.

He is facing charges of willfully retaining national defense information, conspiracy to obstruct justice, withholding a document or record, corruptly concealing a document or record and making false statements and representations.

Grassley: 'Up to the voters' whether Trump should be president again

Grassley declined to say whether the indictment raises concerns about Trump becoming president again, saying "this is up to the voters."

Trump is seeking the Republican nomination for president in 2024 and faces a crowded field of challengers.

Grassley said he's reluctant to comment on the potential political ramifications of the indictment because he and other Iowa officials want all the candidates to feel that they can campaign on a level playing field in Iowa.

"The governor and the two senators and the four Congress members from Iowa want everybody to feel free to come to Iowa to campaign," Grassley said. "And so I’m going to leave the political aspect of this up to the voters."

Grassley, Ernst say Iowans concerned about 'the unequal application of the law'

Grassley and other Republicans have suggested Trump is being treated differently from prominent Democrats who have been investigated over whether they mishandled classified documents.

"Whether or not it’s Hillary or whether it’s Trump, secure documents ought to be secure," Grassley said. "I’m hearing mostly from Iowans, though, how upset they are about the unequal application of the law."

Hillary Clinton was investigated for her use of a private email server for official business while secretary of state, but did not face charges.

A special counsel is investigating President Joe Biden over classified documents found at his former Washington, D.C., office and his Delaware home. The White House has said the documents found at Biden's properties were returned as soon as they were found by the president's lawyers.

U.S. Sen. Joni Ernst, a military veteran, gave a similar answer when asked about Trump's indictment Monday in a program hosted by the Edward M. Kennedy Institute in Boston and moderated by Fox News host Bret Baier.

"What I hear from Iowans and what I personally feel is that there have been two systems of justice here," Ernst said. "Of course the president — former president — did have classified information. We know that. However, we know it's true of a number of other players on the other side of the aisle."

In a statement Friday, shortly after the indictment was released, Gov. Kim Reynolds accused Biden of weaponizing the Justice Department.

"The federal indictment of former President Trump represents a grave warning sign for the state of equal justice and public trust in government institutions in this country," Reynolds said in the statement.

USA Today contributed to this article.

Stephen Gruber-Miller covers the Iowa Statehouse and politics for the Register. He can be reached by email at sgrubermil@registermedia.com or by phone at 515-284-8169. Follow him on Twitter at @sgrubermiller.

This article originally appeared on Des Moines Register: Iowa Sen. Grassley accuses special counsel in Trump indictment of bias