The testimony revealed that Smith had taken the oath of office twice: once shortly after his appointment while he was in Amsterdam, and again on September 14, 2023. When asked why a second swearing-in was necessary, Smith admitted he did not know the reason and could not recall discussing the matter with Attorney General Merrick Garland or others at the Justice Department. In a prior deposition, Smith similarly stated he did not remember who swore him in during the initial remote ceremony, highlighting the informal or unmemorable nature of the process amid his overseas location at the time. This lack of recollection extended to whether the oaths were signed, witnessed, or involved any specific protocols.
Republicans on the committee used Smith’s hazy memory to question the legitimacy and thoroughness of his appointment, suggesting it reflected broader issues with his role as special counsel. Despite the back-and-forth, Smith maintained that he had indeed been properly sworn in and focused on upholding his duties impartially. The episode has fueled discussions about the administrative aspects of high-profile appointments, with some critics arguing it underscores potential oversights in the Justice Department’s procedures, while supporters view it as a minor detail irrelevant to the substance of his investigations.
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