The legal team for former special counsel Jack Smith fired back strongly against a new probe into whether he violated the Hatch Act during his prosecutions of Donald Trump. In a letter to the Office of Special Counsel (OSC), his attorneys labeled the investigation as “imaginary and unfounded.”
Smith’s lawyers emphasized that his decisions—initiating indictments related to election interference and classified documents—were grounded in established law and followed Justice Department protocols. They assert these actions were based purely on evidence, not political considerations. They also noted that it’s normal for prosecutors to request timeline adjustments or extended briefs to ensure fairness and thoroughness.
The inquiry, triggered by a complaint from Senator Tom Cotton, questions whether Smith’s actions during the 2024 campaign crossed into political interference. However, ethics experts point out that it’s highly unusual, if not unprecedented, for the OSC to probe prosecutorial decisions, especially after the individual has left government service.
Smith, who resigned ahead of President Trump’s 2025 inauguration, led two high-profile cases against Trump. The investigation into his conduct now highlights a growing tension over ethics enforcement and the politicization of justice.