Special counsel Jack Smith subpoenaed in key swing states for communications with Trump

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Special counsel Jack Smith subpoenaed in key swing states for communications with Trump

Special counsel Jack Smith has been subpoenaed by local officials in key presidential swing states for any and all communications involving former President Donald Trump, his campaign and aides and allies who helped in his effort to overturn the 2020 election.

Subpoenas were issued to top elections officials in Wayne County, Michigan, Milwaukee and Dane counties, Wisconsin and Maricopa County, Arizona. Those counties are home to Detroit, Milwaukee, Madison and Phoenix.

The existence of the subpoenas was first reported by The Washington Post on Tuesday.

A spokesman for Milwaukee County Clerk George Christenson confirmed that Smith's office had sent a subpoena. A copy of the document, obtained by NBC News and issued Nov. 22, asked for all records of communications with or involving Trump, his campaign and a list of 19 aides and allies. The subpoena asked for communications from June 1, 2020 to Jan. 20, 2021.

Campaign attorneys and other lawyers who were closely involved in Trump's efforts to overturn his 2020 election defeat, such as Justin Clark, Sidney Powell, Rudy Giuliani, Victoria Toensing, John Eastman, Cleta Mitchell and Jenna Ellis, were among those aides and allies. Bill Stepien, Trump's 2020 campaign manager, was also on that list.

Scott McDonnell, the Dane County clerk, confirmed to NBC News that his county had received a virtually identical subpoena as Milwaukee. The Michigan Secretary of State Jocelyn Benson confirmed that Wayne County had received a subpoena, though she had not been made aware of its contents as of Tuesday afternoon.

An Arizona election official confirmed that Maricopa County received a subpoena this month with similar demands for those communications.

Fields Moseley, a county spokesman, said Maricopa County received a subpoena and will comply.

A spokesman for the special counsel declined to make a statement to NBC News.

Representatives of other large counties that Trump focused on overturning the vote, including Philadelphia County, Pennsylvania and Fulton County, Georgia, said they had not received similar subpoenas or did not respond immediately to a request for comment.

Attorney General Merrick Garland was appointed by Smith to oversee the Justice Department's investigation of the Jan. 6 attack on the Capitol and the criminal probe of Trump's mishandling of classified documents last month. The subpoenas show Smith's probe focusing on the run-up and immediate aftermath of the Capitol riot, seeking information related to Trump's pressure campaign.