ABC News December 8, 2022

Special counsel subpoenas secretaries of state in Michigan, Arizona

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Jack Smith, the special counsel investigating efforts to overturn the results of the 2020 election, has sent additional grand jury subpoenas to the secretary of state's offices in Michigan and Arizona -- swing states targeted by former President Donald Trump and his allies after his loss in November 2020.

"I can confirm that my office was served a subpoena in connection with the special counsel's investigation yesterday," Michigan Secretary of State Jocelyn Benson told ABC News in a statement Thursday. "The Department of Justice has asked that we not disclose the contents of the subpoena to prevent harming the investigation, and we will honor that request."

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Officials in Arizona also confirmed their receipt of the subpoena.

The special counsel's office declined to comment when contacted by ABC News.

The latest batch of subpoenas comes just days after Smith sent subpoenas to local election officials in Michigan, Arizona and Wisconsin seeking any and all records related to communications by state election officials with Trump or his advisers and allies, including Kenneth Chesebro, Justin Clark, Joe DiGenova, John Eastman, Jenna Ellis, Boris Epshteyn, Bernard Kerik, Bruce Marks, Cleta Mitchell, Matthew Morgan, Kurt Olsen, William Olsen, Stefan Passantino, Sidney Powell, Bill Stepien, Victoria Toensing, James Troupis and Lin Wood, between June 1, 2020, and Jan. 20, 2021.

Smith, a longtime federal prosecutor and former head of the Justice Department's public integrity section, was tapped last month by Attorney General Merrick Garland to oversee the DOJ's investigation into efforts to overturn the 2020 election and Trump's handling of classified materials after leaving office.

The Washington Post via Getty Images
Voting at Bethany Lutheran Church in Detroit, Nov. 8, 2022, during the 2022 Midterm Election.

The appointment of the special counsel was triggered by Trump's announcement last month that he is running for president for a third time, which created a conflict of interest, according to the DOJ special counsel guidelines.

In his appointment order, Garland said Smith is "authorized to conduct the ongoing investigation into whether any person or entity violated the law in connection with efforts to interfere with the lawful transfer of power following the 2020 presidential election or the certification of the Electoral College vote held on January 6, 2021."

"Mr. Smith is the right choice to complete these manners in an evenhanded and urgent manner," Garland said at the press conference announcing Smith's appointment.

Smith will "exercise independent prosecutorial judgment to decide whether charges should be brought," Garland said.

ABC News' Libby Cathey contributed to this report.