Q&A: South Dakota attorney general talks about advising Trump team

Prior to President-elect Donald Trump’s ill-fated choice of Matt Gaetz as his first pick for U.S. attorney general, Trump and his team had been getting advice for several years from a group of Republican state attorneys general that includes South Dakota’s Marty Jackley.

Jackley said the “America First Attorney General Advisory Council” has convened through calls and meetings, including gatherings at Trump’s Mar-a-Lago Club in Florida with various Trump transition staff members. ADVERTISEMENT In a recent interview with South Dakota Searchlight, Jackley, who’s also a former U.S.



attorney for South Dakota, had little to say about Gaetz. “At the time of that announcement, I had not met Congressman Gaetz, so I didn’t really have an opinion formulated,” Jackley said. “I want to be fair to him.

I never had the opportunity at the time of that announcement to meet him.” Gaetz’s tenure as the expected nominee lasted eight days. During that time, he resigned his seat as a Republican congressman from Florida.

All the while, debate swirled about investigations into his alleged drug use and payments for sex, including with an underage girl. Gaetz ultimately withdrew himself from consideration as Trump’s nominee. Trump has since said he’ll nominate Republican former Florida Attorney General Pam Bondi.

Jackley said he’s known her since 2009. “I’m happy that the president has looked to the state attorney general community and Attorney General Bondi,” he said. “Somebody that has the prosecutorial experience to lead the Department of Justice in a different direction.

” Following are excerpts from Searchlight’s interview with Jackley, edited for length and clarity. Well, a couple of years ago, through America First [ America First Policy Institute ], a group of us attorney generals were put together on what I would call the “America First Attorney General Advisory Council.” ADVERTISEMENT That includes occasional calls.

It includes occasional meetings together. Most recently, several of us gathered at Mar-A-Lago. And really, the focus is not on politics, but the rule of law and providing advice, like several other advisory groups do.

That focus, at least for me, has always been, what is the rule of law? What relationships can be better established between federal, state and local prosecutors? What is the role of the Department of Justice? I openly talk about having been a U.S. attorney.

I care deeply about the Department of Justice. I left being a partner in a law firm to be a part of that. And I’ve seen it go away from a direction that I would hope that it is brought back to.

And I believe that Attorney General Bondi is the right person for that, to have it more focused on the rule of law, public safety and protecting relationships between all prosecutors. I’ll use an example. Recently, U.

S. Attorney General Merrick Garland came to South Dakota. He never reached out to the attorney general.

He never reached out. I was the outgoing chairman of the attorney generals. There was no discussion about the things that you and I just talked about: How can there be stronger federal partnerships? The type of conversation that you would expect is, “How are federal and state relations?” They’re good in South Dakota.

I feel that my relationship with the U.S. attorney is very strong.

We are one of the few states that I’m aware of that our attorney general forensic lab in Pierre does some of the evidence forensic testing for the FBI. Certainly, I’ve built and maintained strong relationships with our tribes. I would have liked to see a conversation about how can federal, state and tribal authorities work together and what can we do to partner? And so, that’s an example.

ADVERTISEMENT Another example is, there seems to be a lot of special prosecutors. I think if you look from my approach as attorney general, you don’t see me doing that. Sometimes when you’re the attorney general, you have to make the hard decisions, and the danger of a special prosecutor is they can get political, they don’t have proper oversight at times, and I think Jack Smith demonstrated that.

There were concerns about things that he brought, and then right after an election he dismissed them. [Smith prosecuted Trump for election interference and mishandling classified documents, and recently dropped the cases for the time being, saying it would be unconstitutional for his office to continue prosecuting the incoming president.] If you look at me as an example, I once as attorney general had to indict a Republican United States Senate candidate [Annette Bosworth, convicted of a dozen felony counts of election law violations in 2015].

I did not do that at election time, despite some criticism from the public and from the media. I waited until after the election to bring that indictment. It resulted in a conviction, but I didn’t want to affect an election.

And so, those types of examples are what many of us attorney generals want to see the Department of Justice get back to: working with local, state and other federal prosecutors, U.S. attorneys, to bring public safety, and to protect basic freedoms, and to not be overly political.

I’ve gone the last two years, and as part of that trip, using an example, we had an opportunity to gather and talk with several of us and leadership of what I would call the Trump transition about these various topics — the rule of law, what we as attorney generals would advise and like to see. I think that location is just generally where a lot of the transition is taking place. I’ve had the opportunity to serve with Attorney General Bondi.

She came to South Dakota for the Law Enforcement Appreciation Dinner in 2017. ADVERTISEMENT I want to speak for myself: I’m happy that the president has looked to the state attorney general community and Attorney General Bondi, somebody that has the prosecutorial experience to lead the Department of Justice in a different direction. I feel strongly that he made the right choice in Attorney General Pam Bondi.

And I look forward to the support that I foresee the attorney general community giving her during the confirmation process, and I look forward to serving with her once again in her now role, once confirmed, as attorney general of the United States. I don’t know that this advisory role will change. I believe in the Department of Justice and what it stands for, and I hope and I believe that the direction will focus more on those things I’ve talked about: the relationships with the prosecutors in the field, the rule of law, not having politics play such a role in the actions of the Department of Justice.

I, first and foremost, am the attorney general of South Dakota, and that is my utmost interest, and to the extent we can be advisers on other issues, to me, the border is exceptionally important. Every day I come to work, I witness what an open border does with methamphetamine, fentanyl, the illegal gun trade and the other dangers that affect almost every household in South Dakota. I think the attorney general plays a very important role in that nationally.

I would say human trafficking is another area Attorney General Bondi was strong on. That along with opioids. And so those are the points that I will advocate that, I believe, affect us here in South Dakota that the Department of Justice and the presidential administration should focus on.

EDITOR'S NOTE: This story was originally published on SouthDakotaSearchlight.com..