Sen. John Cornyn, R-Texas, on Tuesday pressed former special counsel Jack Smith on his appointment to investigate President Donald Trump during the Biden administration.

Smith charged Trump in two cases related to his alleged mishandling of classified materials and his efforts to challenge the 2020 presidential election. Smith appeared before the Senate Judiciary Committee to answer questions about his investigation.

"Are you aware of whether this has ever happened before in the 250-year history of the United States of America, where an incumbent president, attorney general, appoints a special counsel to investigate his or her political opponent. Has that ever happened before?" Cornyn asked Smith.

Smith could not recall a specific instance that matched Cornyn's proposed situation. He then corrected Cornyn in asserting that he had moved to dismiss the case against Trump due to Department of Justice (DOJ) policy preventing the prosecution of a sitting president.

"[T]he Office of Legal Counsel does not permit the prosecution to go forward given Donald Trump's re-election. That's the Department of Policy, a Department policy, and I was committed to following the Department policy at all times," he said.

Ben Whedon is the Chief Political Correspondent at Just the News. Follow him on X.